Florida/Georgia Personal Injury & Workers Compensation

...3d DCA 1982) (rejecting appellant's argument that successor judge was precluded from revisiting predecessor's denial of summary judgment). Here, the facts became more fully developed after the 1992 ruling. Hull next argues that the order granting summary judgment was wrong on the merits. The trial court found that section 626.794(1), Florida Statutes (1989) precluded any payments by Prudential to Hull....

...insurance agency in which all employees, stockholders, directors, or officers who solicit, negotiate, or effectuate life insurance contracts are qualified life insurance agents holding currently valid licenses as required by the laws of this state. § 626.794(1), Fla....

...e of the benefit; (3) the defendant has accepted or retained the benefit conferred and (4) the circumstances are such that it would be inequitable for the defendant to retain the benefit without paying fair value for it. (Citations omitted). Through section 626.794(1), the legislature has determined that a "valid license" is required in order to be entitled to "any commission or other valuable consideration" in return for "services as a life insurance agent." The statute is broadly phrased; it b...

...The court observed that the city ordinance requiring general contractors to secure a license "imposed no penalty" for contracting without a license, "nor did it invalidate contracts of those failing to secure such a license." Id. The ordinance in Wood is unlike section 626.794(1); the statute expressly precludes "any commission or other valuable consideration" to a person performing "services as a life insurance agent" without a "currently valid license." Wood involved no such express prohibition....

...The fifth district held that this statute did not bar some unjust enrichment claims that were independent of the illegal contract. The implied contract in this case did not involve services performed or materials provided outside of "services as a life insurance agent" within the meaning of section 626.794(1)....

...olicy the agent sells the employees. Appellees' argument fails to recognize that certain kinds of sharing of or dividing commissions are declared unlawful elsewhere in chapter 626, specifically: section 626.753 (general lines agents and solicitors); section 626.794 (life insurance agents); and section 626.838 (health insurance agents)....