Florida/Georgia Personal Injury & Workers Compensation

...in Orange County, (2) issuing one life insurance policy to a Florida resident (as well as issuing four policies to persons who later moved to Florida), and (3) maintaining a certificate of authority to transact insurance in the state of Florida. See § 624.401, Fla....

...w that would otherwise prevent the activities at issue here. DISCUSSION Under Florida law, with limited exceptions, persons who transact the business of insurance in Florida must have a certificate of authority issued by the Department of Insurance. § 624.401(1)....

...Although it is premature to rule on plaintiffs claims for civil penalties, the court finds that there is no just reason for delay of final judgment as to plaintiff’s claims for declaratory and injunctive relief. Accordingly, it is ORDERED: 1. It is DECLARED that sections 627.-949, 624.401(1), 627.918, and 626.901(1) of the Florida Statutes are not preempted by the Product Liability Risk Retention Act of 1981, as amended by the Liability Risk Retention Act of 1986, 15 U.S.C....

...However, in 2006 DFS found that IMG was in violation of this agreement and other consent orders. Based upon the foregoing, Bortell filed suit in 2006, alleging three causes of action. First, Bortell sought damages pursuant to section 624.155(2), Florida Statutes, which permits a party damaged by a violation of section 624.401 to file suit against an unauthorized insurer. Bortell alleged that by selling insurance in violation of section 624.401, Florida Statutes, the defendants interfered with the development and maintenance of Bortell's economic interests....

...[1] Each side agrees that in order to have standing under count one, Bortell must be a "party" as required in section 624.155(2), Florida Statutes, which provides, "Any party may bring a civil action against an unauthorized insurer if such party is damaged by a violation of s. 624.401 by the unauthorized insurer." The trial court agreed with the defendants and held that "party" refers to a party to an insurance contract....

...trust, corporation, agent, general agent, broker, service representative, adjuster, and every legal entity." Section 624.155(2) provides, "Any party may bring a civil action against an unauthorized insurer if such party is damaged by a violation of s. 624.401 by the unauthorized insurer." (emphasis supplied)....

...Prohibition, of course, applies only to the count seeking bad faith liability. PETITION FOR WRIT OF PROHIBITION GRANTED; ORDER QUASHED. SAWAYA and JACOBUS, JJ., concur. NOTES [1] Citizens originally also sought common law certiorari. It abandoned this position at oral argument. [2] See § 624.401, Fla....

...Insurance, Ranger Insurance reported an alleged violation by United National of Florida's surplus lines law, chapter 626, Florida Statutes (1995), to officials in the surplus lines section of the Florida Department of Insurance. Generally speaking, section 624.401, Florida Statute (1995), requires that an insurer be "authorized" by the Department of Insurance to transact business in this state....

insurance agents and solicitors, see AGO 074-209. Section 624.401(3), F. S., expressly preempts to the state

...A few words on surplus insurance are needed before proceeding to Lemy and Hill’s allegations. Generally, no one may sell insurance in Florida without a certificate of authority from the state’s Office of Insurance Regulation (“the Office”). Under Section 624.401(4), Florida Statutes, “any person who acts as an insurer, transacts insurance, or otherwise engages in insurance activities in [Florida] without a certificate of authority ......

...At times Lemy and Hill appear to use “regulated” in a special sense to mean only an insurance product reported to the Office and sold by an insurer approved by the Office. But the insurance code regulates each insurer and each insurance policy unknown to the Office. Sections 624.310(5), 624.401, 626.902, 626.909(2), and 626.910 enable the punishment of an unlawful insurer as well as anyone who aids the insurer....

...[6] The UIPL is a long-arm statute designed to subject out-of-state insurers unauthorized to do business in Florida to the jurisdiction of Florida courts. See Walter v. Blue Cross & Blue Shield United of Wisconsin, 181 F.3d 1198, 1203 (11th Cir.1999). Section 624.401 of the Florida Insurance Code requires an insurer to be authorized by the Department of Insurance to conduct business in Florida....

...sman *546 and agent basis. It is this tax which forms the basis of the class action alleged in Count I of the complaint herein. Lawyer’s Title argues on appeal that this tax is an unlawful exercise of the taxing power and is specifically barred by Section 624.401(3), Florida Statutes (1979). On the contrary, we believe that appellant’s reliance on this section is misplaced and, in fact, the tax herein is supportable under other provisions of the Florida Insurance Code. Section 624.401(3) deals with the state’s preemption of the regulation of insurers and their agents and representatives as follows: This state hereby preempts the field of regulating insurers and their agents and representatives, and no county, cit...

...e under this code. While municipalities are permitted to impose regulatory fees under Section 166.221, Florida Statutes (1979), the city concedes on appeal that a regulatory fee on insurers would not be permitted pursuant to this section in light of Section 624.401(3), since Section 166.221 specifically provides: A municipality may levy reasonable business, professional, and occupational regulatory fees, commensurate with the cost of the regulatory activity, including consumer protection, on suc...

...or indirectly transact insurance, in this state except as authorized by a subsisting certificate of authority issued to the insurer by the department, except as to such transactions as are expressly otherwise provided for in this code. Fla.Stat.Ann. § 624.401(1) (West 1984)....