Arrestable Offenses / Crimes under Fla. Stat. 626.561
CopyCited 32 times | Published | Florida 1st District Court of Appeal | 17 A.L.R. 4th 1090, 1981 Fla. App. LEXIS 19509
...rements for insurance agents, his "fraudulent or dishonest practices," [4] and, as stated above, his "misappropriation, conversion, or unlawful withholding" of money belonging to USF&G or others. All these charges gain at least some specificity from Section 626.561, which imposes responsibility on insurance agents for "reporting and accounting for funds": (1) All premiums, return premiums or other funds belonging to insurers or others received by an agent......
...nths (Count 3, Morgan), one year and eight months (Count 5, Rader), and two years (Count 6, Weidman) after the policies were cancelled. The standards by which these findings are to be assessed are found in the interplay of two statutes quoted above: Section 626.561, characterizing as "trust funds ......
...oneys belonging to the insurer or another when in the "applicable regular course of business" the money should have been paid. Willfullness is a necessary element of a Section
626.611(10) violation because the violation draws essential elements from Section
626.561, a criminal statute which punishes the proscribed conduct as "larceny by embezzlement"; [7] because willfullness is explicitly an element of companion subsections including Section
626.611(13), making "willful violation of any provisi...
...No statute or Department rule prescribes "the applicable regular course of business" for an insurance agent in the matter of handling premiums. That being so, the Department relied on evidence to show that under "the applicable regular course of business," Section 626.561(1), Bowling should have forwarded a check for the entire premium received, when received, to USF&G....
CopyCited 11 times | Published | United States Bankruptcy Court, M.D. Florida | 1983 Bankr. LEXIS 5979
...ise," 3 Collier on Bankruptcy, ¶ 523.14 (15th ed. 1983). In order to determine whether the Debtor was a fiduciary of the Plaintiff prior to the creation of the debt as contemplated by Code § 523(a)(4), it is again necessary to consult Florida law. § 626.561 Florida Statutes states in pertinent part: "(1) all premiums, return premiums or other funds belonging to insurers or others received by an agent, solicitor or adjustor in transactions under his license shall be trust funds so received by the license in a fiduciary capacity, and the licensee shall account for and pay the same to the insurer, insured or other person entitled thereto. (emphasis supplied) Thus, by the express terms of § 626.561(1) Fla.Stat....
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...The statutes then list in detail the actions or omissions for which the Insurance Commissioner may or shall deny, refuse to renew, suspend or revoke an insurance agent's license. In most of the charges sustained against Brewer, the Insurance Commissioner found a violation of Section 626.561(1) which deals with an agent's reporting and accounting for a client's funds....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1992 Fla. App. LEXIS 5352, 1992 WL 104640
...See Merrill-Stevens Dry Dock Co. v. "Corniche Express",
400 So.2d 1286 (Fla. 3d DCA 1981). The judgment on that count is reversed. The trial court erred in entering judgment against Central for conversion. National argued that Central was liable for conversion under section
626.561, Florida Statutes (1989), which states that "[a]ll premiums, return premiums, or other funds belonging to insurers or others received by an agent, soliciter, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity......
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 1993 WL 553964
...For example, O.C.G.A. § 33-23-79 created a fiduciary relationship between insurance companies and their agents concerning premiums collected by the agents for policies insured by the insurance companies. A similar Statute was enacted in Florida. See Fla.Stat.Ann. § 626.561 (1993)....
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 1988 Bankr. LEXIS 482
...cted in trust for the insurance company until properly remitted. Under 11 U.S.C. § 523(a)(4), a debt is expected from discharge if the debt was "for fraud or defalcation while acting in a fiduciary capacity, investment, or larceny." Florida Statute 626.561 (1987) states in pertinent part: (1) all premiums, return premiums or other funds belong to insurers or others received by an agent, solicitor, or adjustor in transactions under his license shall be trust funds so received by the licensee in...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...Hartnett was predicated on the provisions of Section
626.734, Florida Statutes (1981). The Department of Insurance alleged that, under that statute, the individual defendants could be liable for wrongful acts of misconduct which violated the provisions of Section
626.561, Florida Statutes (1981) whether those acts were committed by the defendants or by those persons under their direct supervision and control....
...On this record, we find that there was evidence that Frederick B. Hartnett and William J. Hartnett, Sr. either personally or through the actions of those under their direct supervision or control wrongfully failed to remit premiums due Southern American in violation of Section 626.561, Florida Statutes (1981) of the Insurance Code....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 1356, 1996 WL 65650
...inst Russell. The Department accepted the hearing officer’s findings of fact, but rejected the result, deciding instead that Russell’s actions constituted conversion and a failure to return funds belonging to an insurer, in violation of sections
626.561,
626.611 and
626.621, Florida Statutes (1993)....
...The Department concedes that neither the findings of the hearing officer, nor the record, would sustain a conclusion that Russell knew Henderson was illegally diverting funds to him at the time he received them. It contends, however, that Russell’s refusal to return the funds constituted a violation of sections
626.561(1),
626.611(10) and
626.621(4) and warranted suspension of his insurance license. Section
626.561(1) 1 provides criminal penalties for an agent’s refusal to return funds belonging to an insurer; section
626.611(10) 2 lists grounds for compulsory suspension of an agent’s license for unlawful withholding of moneys belonging to insurers....
...Turlington,
510 So.2d 292 (Fla.1987). In order for the Department to establish that an agent violated the above-mentioned statutes, it must show that the funds the agent unlawfully withheld or refused to pay over were funds belonging to the insurer. We note that under sections
626.561(1) and
626.611(10), the Department must establish that the agent acted willfully, but that section
626.621(4) does not carry a requirement of willfulness....
...under his license shall be trust funds so received by the licensee in a fiduciary capacity.... The licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto.” § 626.561(1), Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 497, 1987 Fla. App. LEXIS 6698
and remit the premiums collected for Home. Section
626.561(1), Florida Statutes (1985) provides: All premiums
CopyPublished | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 12525, 1991 WL 267949
...Also, the agent seeks reversal and remand on the issue of damages awarded against him on counts for fraud and conversion. We find that the trial court correctly determined that appellee had a private right of action against appellant for the violation of section 626.561(1), Florida Statutes (1989)....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15086
...626.611 [9]) ; (f) He misappropriated money belonging to others in the conduct of business under his license (F.S.
626.611 [10]) ; (g) He violated a provision of the insurance code in the dealing under his license (F.S.
626.621 [2]); and (h) He failed to properly account for funds belonging to insurers or others (F.S.
626.561). *796 Count II: In explaining to a customer and charging a contingency fee of $10.-50, Drew violated Florida Statutes 627.-403,
626.611(4),
626.611 (7),
626.611(9),
626.611(10),
626.621(2) and
626.561....
