(1) Subject to an appointee’s contract rights, an appointing entity may terminate its appointment of any appointee at any time. Except when termination is upon a ground that would subject the appointee to suspension or revocation of his or her license and appointment under s. 626.611 or s. 626.621, and except as provided by contract between the appointing entity and the appointee, the appointing entity shall give at least 60 days’ advance written notice of its intention to terminate such appointment to the appointee by delivery thereof to the appointee in person, by mailing it postage prepaid, or by e-mail. If delivery is by mail or e-mail, the notice must be addressed to the appointee at his or her last mailing or e-mail address of record with the appointing entity. Notice is deemed to have been given when deposited in a United States Postal Service mail depository or when the e-mail is sent, as applicable.
(2) As soon as possible and at all events within 30 days after terminating the appointment of an appointee, other than as to an appointment terminated by the appointing entity’s failure to continue or renew it, the appointing entity shall file written notice thereof with the department, together with a statement that it has given the appointee notice thereof as provided in subsection (1) and shall file with the department the reasons and facts involved in such termination as required under s. 626.511.
(3) Upon termination of the appointment of an appointee, whether by failure to renew or continue the appointment, the appointing entity shall:
(a) File with the department the information required under s. 626.511.
(b) Subject to the exceptions provided under subsection (1), continue the outstanding contracts transacted by an agent until the expiration date or anniversary date when the policy is a continuous policy with no expiration date. This paragraph shall not be construed to prohibit the cancellation of such contracts when not otherwise prohibited by law.
(4) An appointee may terminate the appointment at any time by giving written or electronic notice thereof to the appointing entity, department, or person designated by the department to administer the appointment process. The department shall immediately terminate the appointment and notify the appointing entity of such termination. Such termination shall be subject to the appointee’s contract rights, if any.
(5) Upon receiving notice of termination, the department or person designated by the department to administer the appointment process shall terminate the appointment.
Cited 6 times | Published | Florida 5th District Court of Appeal
...ansactions. [1] On June 8, 1978, Bankers notified Cycle Dealers that as of that date the agency agreement was terminated. Cycle Dealers sued Bankers in a threecount complaint. Count I of the complaint alleged that the termination was in violation of section 626.471, Florida Statutes (1977), [2] since Bankers did not give Cycle Dealers 60 days notice of its intent to terminate the agreement....
...Count III of the complaint alleged a cause of action for tortious interference with a business relationship. Bankers moved to dismiss all three counts of the complaint. The trial court found that Cycle Dealers was bound by the termination clause contained in the agency agreement and that section 626.471, Florida Statutes (1977), was inapplicable and, therefore, dismissed Count I with prejudice....
...Girtman, 96 So.2d 781 (Fla. 1957); 11 Fla.Jur.2d Contracts § 129 (1979). The contract involved in this appeal provided that it could be terminated at any time. However, it did not waive the statutory notice provision. Therefore, the 60-day statutory notice provision of section 626.471, Florida Statutes (1977), should have been read into the agency agreement, and the trial court erred in finding that it was inapplicable and dismissing Count I with prejudice....
...Petersburg, Florida. Notice to agent shall be by registered mail to the last known address of agent. XVI. Law Applicable. This agreement and performance thereunder shall be construed and determined according to the laws of the State of Florida. [2] Section 626.471, Florida Statutes (1977), provides: (1) Subject to the agent's contract rights, an insurer may terminate its appointment of any general lines agent, life agent, disability agent, or limited license agent at any time....
...Principal Life further argues that nothing prohibited it from notifying policyholders that its relationship with Plaintiffs had ceased and that they should secure a new agent of record to service their Principal Life products. Principal Life finds support for its arguments in Florida Statutes §§ 626.112, 626.471....
...or she is not then licensed and appointed." Fla. Stat. § 626.112(2). Additionally, an insurer has the right to terminate its appointment of any appointee at any time subject to an appointee's contract rights upon 60 days written notice. Fla. Stat. § 626.471(1)....
...e EKG Associates v. Foundation Health, 932 So.2d 214 (Fla. 4th DCA 2005). Applying this principle, since the 2003 Group Compensation agreement is silent with respect to termination of appointments, Principal Life had the right pursuant to Fla. Stat. § 626.471(1) to terminate CFI's appointment on 60 days written notice. The provision of the 2003 Group Compensation Agreement relating to written notice of change of agent does not express an intention to opt-out of the statutory 60 day notice rule of Fla. Stat. § 626.471(1); rather, as discussed in section (i.) Commissions, above, that provision governed an individual policyholder's termination which left the relationship between Principal Life and CFI intact....
...(i.) Statements by Kim Little to the Department of Insurance Principal Life argues that the statements made by Kim Little in her letters to the Department are not false and are protected by qualified immunity. Principal Life contends that Little sent the August 28, 2003, pursuant to Florida Statutes §§ 626.471 and 626.511....
...Principal Life argues further that Principal Life's primary purpose for sending the initial August 28, 2003, letter was to comply with Florida Law requiring reporting of the reasons for the company request termination. (See Little Dep. 175: 2-15.) Section 626.471 provides that an insurer may terminate its appointment of an appointee at any time, subject to an appointee's *1293 contract rights, and that in the event of termination of an appointment, within 30 days, the "entity shall file written notice . . . together with a statement that is has given the appointee [at least 60 days' advance written notice] and shall file . . . the reasons and facts involved in such termination as required under § 626.511." Fla. Stat. § 626.471....
...Florida Statutes §§ 626.431 and 626.381 support Principal Life's position. [14] As previously discussed, Principal Life had the ability to terminate *1295 the Group Compensation Agreement without cause. Principal Life could also terminate Plaintiffs' appointment upon 60 days' written notice. Fla. Stat. § 626.471....
...Bates, in turn, secured the insurance from Fortune through Fortune's agent, Biscayne Underwriting Management, Inc. ("Biscayne"). On November 30, 1990, Fortune terminated its agency relationship with Biscayne effective December 19, 1990, and filed notice to that effect with the Insurance Commissioner pursuant to section 626.471, Florida Statutes (1991)....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
