(1) Except as stated in s. 624.426, no authorized property, casualty, or surety insurer shall assume direct liability as to a subject of insurance resident, located, or to be performed in this state unless the policy or contract of insurance is issued by or through, and is countersigned by, an agent who is regularly commissioned and licensed currently as an agent and appointed as an agent for the insurer under this code. If two or more authorized insurers issue a single policy of insurance against legal liability for loss or damage to person or property caused by the nuclear energy hazard, or a single policy insuring against loss or damage to property by radioactive contamination, whether or not also insuring against one or more other perils proper to insure against in this state, such policy if otherwise lawful may be countersigned on behalf of all of the insurers by a licensed and appointed agent of any insurer appearing thereon. The producing agent shall receive on each policy or contract the full and usual commission allowed and paid by the insurer to its agents on business written or transacted by them for the insurer.
(2) If any subject of insurance referred to in subsection (1) is insured under a policy, or contract, or certificate of renewal or continuation thereof, issued in another state and covering also property and risks outside this state, a certificate evidencing such insurance as to subjects located, resident, or to be performed in this state, shall be issued by or through and shall be countersigned by the insurer’s commissioned and appointed producing agent.
(3) An agent shall not sign or countersign in blank any policy to be issued outside her or his office, or countersign in blank any countersignature endorsement therefor, or certificate issued thereunder. An agent may give a written power of attorney to the issuing insurance company to countersign such documents by imprinting her or his name, or the name of the agency or other entity with which the agent may be sharing commission pursuant to s. 626.753(1)(a) and (2), thereon in lieu of manually countersigning such documents; but an agent shall not give a power of attorney to any other person to countersign any such document in her or his name unless the person so authorized is directly employed by the agent and by no other person, and is so employed in the office of the agent.
(4) This section shall not be deemed to prohibit insurers from using salaried licensed and appointed agents for the production and servicing of business in this state and the issuance and countersignature by such agents of insurance policies or contracts, when required under subsection (1), and without payment of commission therefor.
(5) This section shall not be deemed to prohibit an insurer from authorizing an agent who is not regularly commissioned and appointed currently as an agent of the insurer from countersigning a policy or contract of insurance issued pursuant to the provisions of ss. 627.311 and 627.351. This section does not apply to reissuance of insurance policies or endorsements thereto which are part of a mass reissuance of such policies or endorsements and do not involve a change of premium or payment of agent’s commissions.
(6) The absence of a countersignature required under this section does not affect the validity of a policy or contract of insurance.
Cited 6 times | Published | Florida 5th District Court of Appeal
...Both Wolfe and Ricker argue that whether there was insurance coverage on the buildings involved in the loss was a question for the jury, and that the absence of the agent's countersignature on the endorsement was not fatal to its becoming effective. Aetna relies on section 624.425(1), Florida Statutes (1979), for its position that the endorsement never became effective because it was not countersigned by Ricker....
...A Countersignature The "countersignature" statutes provide that when property or casualty insurance is placed for any Florida risk, an agent who is a " resident of this state " must participate inand be paid at least a specified share of any commission forthe placement of the coverage. §§ 624.425(1) & 626.741(5)(a), Fla....
...In short, Florida-licensed nonresident agents may place coverage for Florida risks, but they cannot do *1305 so alone; they must be "accompanied by," and share their commissions in substantial part with, agents who reside in Florida. More completely, § 624.425 provides: (1) Except as stated in s....
...agent shall not give a power of attorney to any other person to countersign any such document in her or his name unless the person so authorized is directly employed by the agent and by no other person, and is so employed in the office of the agent. § 624.425, Fla....
...The discrimination against nonresident agents is unconstitutional. For these reasons, IT IS ORDERED: 1. Plaintiff's motion for summary judgment (document 24) is GRANTED. Defendant's motion to dismiss or for summary judgment (document 15) is DENIED. 2. It is hereby declared that § 624.425, § 626.741, and § 626.927 of the Florida Statutes violate the Privileges and Immunities Clause and Equal Protection Clause of the United States Constitution to the extent that they deny to Florida-licensed nonresident insurance agents th...
...icensed resident agents. 3. The Defendant Florida Commissioner of Insurance, in his official capacity, is enjoined from denying to Florida-licensed nonresident agents the same rights and privileges that Florida-licensed resident agents possess under § 624.425, § 626.741, and § 626.927 of the Florida Statutes....
Cited 1 times | Published | Florida 2nd District Court of Appeal
...Given this testimony, and the fact that Bower obtained the copy of the policy from sources which *304 included Penn, the trial judge did not abuse his discretion in admitting the copy. It follows that there is no merit to Penn's related contention concerning the lack of a countersignature on the policy since Section 624.425, Florida Statutes (1977), contemplates a countersignature only on an original policy....
...Given this testimony, and the fact that Bower obtained the copy of the policy from sources which *304 included Penn, the trial judge did not abuse his discretion in admitting the copy. It follows that there is no merit to Penn’s related contention concerning the lack of a countersignature on the policy since Section 624.425, Florida Statutes (1977), contemplates a countersignature only on an original policy....
...Wellman called GEICO and purchased automobile insurance directly, with no agent involved. The original policy includes the countersignature of a high-level career GEICO employee with a Florida 220 license for general lines insurance agents, in accordance with section 624.425, Florida Statutes....
...renting of lots. In 1980, Crosley filed suit against appellants, claiming that he was wrongfully denied commissions on the policies of insurance he sold from 1973 until 1979. Specifically, appellee maintained that appellants violated Florida Statute § 624.425(1) (1979) by failing to pay him the standard and usual commission paid to insurance agents employed by CPC Agency, Inc....
...Taggart, supra. In the instant case, the policyholders who purchased insurance from CPC Agency, Inc., and not the agents who sold such policies, are the protected class. Even if we were to accept appellees’ argument that he is entitled to base his claim or section 624.425(1), we are still mindful that the statute only provides that the “full and usual commission shall be paid.” Presumably, if the insurer does not ordinarily compensate its agents by commission, then the insurer is not obligated to pay any amount in addition to salary....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 624 in the context of insurance disputes and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.
