Florida/Georgia Personal Injury & Workers Compensation

...(1997), WHICH PROVIDES THAT AN INSURER IS LIABLE FOR THE MISFEASANCE OF A "LICENSED TITLE INSURANCE AGENT" APPLIES TO A TITLE INSURANCE AGENT WHO IS AN ATTORNEY AND IS THEREFORE EXEMPT FROM LICENSING AS A TITLE INSURANCE AGENT BY THE DEPARTMENT OF INSURANCE UNDER § 626.8417, FLA....

...For the reasons set forth below, we answer the certified question in the negative and find that section 627.792, Florida Statutes (1997), does not apply to attorneys who are acting as title insurance agents if those attorneys are exempt from the licensing requirements of section 626.8417, Florida Statutes (1997)....

...emitted to all title insurers by the agent during the same time period. Generally, however, attorneys licensed to practice law in Florida who serve as title insurance agents are statutorily exempt from the title insurance licensing requirements. See § 626.8417(4)(a), Fla....

...ursuant to Rules Regulating the Florida Bar 4-1.15, 5-1.1, and 5-1.2. Ordinarily, a nonattorney may not act as an escrow agent; however, the nonattorney may do so pursuant to section 626.8473 if he or she is licensed as a title insurance agent under section 626.8417....

...by virtue of a license to practice law. We disagree, however, and find that the plain language of the statute indicates that the statute is not intended to protect all insureds, but only those who obtain title insurance through agents licensed under 626.8417....

...apter 626 to provide statistical data for use in setting rates. On its face, section 627.782(8) makes no distinction between lawyers and non-lawyers. It applies to all title insurance agents who are licensees of the Department of Insurance. However, section 626.8417(4)(a), Florida Statutes provides that lawyers who are members in good standing of the Florida Bar are exempt from the licensure requirements of Chapter 626....

...(providing that "nothing herein contained shall preclude an abatement in an attorney's fee charged for services rendered incident to the issuance of [title] insurance"), and from the licensing and appointment requirements in chapter 626 relating to title insurance agents, see, e.g., § 626.8417(4)(a), Fla....

...Attorneys, however, who serve as title insurance agents and are duly admitted to practice law within this state and are in good standing with the Florida Bar have been statutorily exempted from the title insurance licensing requirements by the Florida legislature. See § 626.8417(4)(a), Fla....

...t the statute applies only to a "licensed title insurance agent," see § 627.792, Fla. Stat. (1997), and (b) in another section dealing with a quite different matter, that attorneys are exempt from obtaining a specific license to act as such agents. § 626.8417(4)(a), Fla....

...(1997), which provides that an insurer is liable for the misfeasance of a "licensed title insurance agent" applies to a title insurance agent who is an attorney and is therefore exempt from licensing as a title insurance agent by the Department of Insurance under § 626.8417, Fla.Stat....

...NOTES [1] These thefts prompted Hernandez's resignation from the Florida Bar. [2] Alternatively, the Hechtmans argue on this appeal that assuming arguendo that the trial court's ruling was correct as to Hernandez, it was nevertheless wrong as to his professional service corporation. They assert that pursuant to section 626.8417(4)(c), Florida Statutes, attorney-owned corporations must be licensed by the Department of Insurance unless they are engaged in the active practice of law and there was no evidence adduced that Hernandez's professional service corporation had ever been engaged in the active practice of law....