CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit | 44 Fed. R. Serv. 3d 552, 1999 U.S. App. LEXIS 16927
...statute, known as the Unauthorized Insurers Process Law,
specifically designed to subject out-of-state insurers who are unauthorized to do business in Florida to the
jurisdiction of the Florida courts in defined circumstances. See Fla. Stat. Ann. § 626.901 et seq....
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit
...Florida law contains a long-arm statute, known as the Unauthorized Insurers
Process Law, specifically designed to subject out-of-state insurers who are
unauthorized to do business in Florida to the jurisdiction of the Florida courts in
defined circumstances. See Fla. Stat. Ann. § 626.901 et seq....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 4087, 1991 WL 70844
...horized to do business in Florida. Walker, 975 So.2d at 976. For these reasons, we reverse the final judgment and remand for further proceedings. JOANOS and ZEHMER, JJ., concur. NOTES [*] Holy Temple argues that its theory of liability proceeds from section
626.901(1), Florida Statutes (1987), which prohibits any person from acting as an agent for any insurer not authorized to transact insurance in this state. See also §
624.404(1), Fla. Stat. (1987) (insurer required to maintain reserves); §
626.901(4), Fla....
CopyCited 4 times | Published | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 4856, 1996 WL 172353
...*577 NOTES [1] Under the registration, the "CNA" service mark does not appear with quotation marks around it. In this Order, the Court is merely using quotation marks for stylistic purposes. [2] See supra Findings of Fact, ¶ 10. [3] See, e.g., Fla.Stat. § 626.901, et seq....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 5429, 2006 WL 941953
...This is a timely appeal from a final order of the Department of Financial Services ("DFS") revoking Appellant's insurance agent's license for various statutory violations. Appellant raised several issues on appeal, all of which are without merit. We write to express our agreement with DFS's interpretation and application of section 626.901(1), Florida Statutes (2003)....
...DFS found that MBI was not authorized to transact insurance business in Florida and that Appellant had the burden of establishing that the MBI plan was ERISA-qualified and exempt from state regulation. Appellant failed to meet this burden. DFS found that Appellant violated section 626.901(1) by representing the MBI plan to his clients. Section 626.901(1), Florida Statutes (2003), states: No person shall, from offices or by personnel or facilities located in this state, or in any other state or country, directly or indirectly act as agent for, or otherwise represent or aid on behalf...
...Frank J. Rooney, Inc., 654 So.2d *413 911, 914 (Fla.1995). The legislature's use of different terms in different sections of the same statute is strong evidence that different meanings were intended. Maddox v. State,
923 So.2d 442, 446 (Fla.2006). Section
626.901(2), Florida Statutes (2003), states: If an unauthorized insurer fails to pay in full or in part any claim or loss within the provisions of any insurance contract which is entered into in violation of this section, any person who knew...
...statute. Id. In the instant case, Appellant is not being sanctioned for the actions of an employee. DFS revoked his license because Appellant directly represented an unauthorized insurer. Thus, there would be no need to read a knowledge element into section 626.901(1) to preserve the principle that misconduct must be personal to the licensee....
...urities); Love v. State,
584 So.2d 645 (Fla. 3d DCA 1991) (holding that scienter was not an element of a statute prohibiting the possession of gambling devices). Appellant and the Florida Association of Insurance Agents both argue policy reasons why section
626.901(1) should not be a strict liability statute....
...1542,
95 L.Ed.2d 55 (1987) (holding that federal preemption is ordinarily a federal defense). Therefore, the administrative law judge did not err in finding that it was Appellant's burden to prove that the MBI plan was ERISA qualified. Because DFS correctly interpreted and applied section
626.901(1), we affirm the revocation of Appellant's license....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 13867, 2004 WL 2101993
...[2] AON reviewed the claims and sent them to Trade Indemnity for processing. Trade Indemnity subsequently denied the claims, citing Computek's failure to strictly comply with the terms of the insurance contract. Quintec filed a three-count Complaint against AON pursuant to Florida's Unauthorized Insurer Act, section 626.901, Florida Statutes, which prohibits assisting an unauthorized insurer from doing business in Florida (Count I); for broker negligence and malfeasance in representing that Trade Indemnity was authorized to do business in Florida, failin...
...amount of the claim or loss not paid," and, accordingly, found the broker, in this case AON, was liable to the insurer for all claimed damages, without any regard to the policy terms and coverages. With respect to whether the statute applies to AON, Section 626.901(1), Florida Statutes, specifically provides that No person shall, from offices or by personnel or facilities located in this state, or in any other state or country, directly or indirectly act as agent for, or otherwise represent or a...
...insurance ...; (b)[t]he dissemination of information as to coverage or rates; (c) [t]he forwarding of applications; (d) [t]he delivery of policies or contracts; (e) [t]he inspection of risks; ... (h) [t]he collection or forwarding of premiums[.] ... § 626.901(1), Fla....
...k with Trade Indemnity; it is undisputed that AON collected premiums and accepted Computek's claim forms and forwarded them to Trade Indemnity. Additionally, it is undisputed that Trade Indemnity is not authorized to write business in Florida. Thus, section 626.901 clearly governs the instant matter, and AON is liable to Quintec....
...cation for, or effectuated such insurance contract is liable to the insured for the full amount of the claim or loss not paid. (3) No insurance contract entered into in violation of this section shall be deemed to have been rendered invalid thereby. § 626.901, Fla....
...ails to pay in full or in part any claim or loss within the provisions of any insurance contract " the only fair reading of the statute is that the broker/agent's liability is limited to coverage "within the provisions of the insurance contract." § 626.901(2), Fla....
...n (2). Specifically, subsection (3) provides: "No insurance contract entered into in violation of this section shall be deemed to have been rendered invalid thereby." The only purpose this subsection could have is to set the measure of damages under section 626.901, i.e., to a review of the policy in relation to the insured's claim. Giving the statute's language its clear and ordinary meaning, it is clear that section 626.901, Florida Statutes, requires consideration of the claim or loss against the policy. Accordingly, the Order granting Summary Judgment is reversed. With respect to the statutory claim, however, we find that the trial court properly found that AON is liable to Quintec under Florida's Unauthorized Insurer Act, Section 626.901, Florida Statutes, but reverse on the ground that the court must determine whether Computek's claims were covered under the policy of insurance....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 11738, 2004 WL 1780919
PER CURIAM. This is an appeal from a final summary judgment entered in favor of defendant/ap-pellee, The American Insurance Company (“TAIC”), in a suit alleging negligent misrepresentation and violation of section 626.901, Florida Statutes (1997)....
...Summary judgment was also properly entered against FLA on its statutory claim against TAIC. FLA claims that by issuing WAG errors and omissions coverage, TAIC aided WAG, an unauthorized insurer, in soliciting, negotiating, effectuating and procuring insurance policies, in violation of section 626.901, Florida Statutes (1997). We disagree. The insurance code, of which section 626.901 is a part, 3 provides criminal penalties for violations of such, 4 to be enforced by the Department of Insurance....
...The code also provides a civil remedy for violations of sections
626.9541(1)®,(o), or (x);
626.9551;
626.9705;
626.9706;
626.9707; and
627.7283. See §
624.155, Fla. Stat. (1997). Notably absent, for our purposes here, is a proscribed civil remedy for a misrepresentation under section
626.901. Section
626.901 provides in pertinent part that: (1) No person shall, from offices or by personnel or facilities located in this state, or in any other state or country, directly or indirectly act as agent for, or otherwise represent or aid on behalf...
...hould have known that such contract was entered into in violation of this section and who solicited, negotiated, took application for, or effectuated such insurance contract is liable to the insured for the full amount of the claim or loss not paid. § 626.901(1),(2)....
CopyPublished | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 2332, 1986 Fla. App. LEXIS 10427
...Dyna Span Corporation filed petitions of writs of mandamus and prohibition. The petitions reflect that the Department of Insurance filed an administrative complaint against Dyna Span for transacting insurance as an agent for an unauthorized insured in violation of section 626.901(1), Florida Statutes (1985)....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 13463
...nies’ performance of administrative acts on behalf of Winterthur here in Dade Countys Plaintiffs alleged that the companies, as representatives of an insurer that was not authorized to engage in insurance transactions in Florida, were liable under section 626.901(2), Florida Statutes (1995), for the amount of claim or loss not paid....
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 373139
...AON reviewed the claims and sent them on to Trade Indemnity for processing. Trade Indemnity subsequently denied the claims, citing Computek's failure to strictly comply with the terms of the insurance contract. Quintec thereafter filed a three-count complaint against AON pursuant to Florida's Unauthorized Insurer Act, section 626.901, Florida Statutes (2002), which prohibits assisting an unauthorized insurer from doing business in Florida (Count I); for broker negligence and malfeasance in representing that Trade Indemnity was authorized to do business in *477 Flo...
...[T]he only fair reading of the statute is that the broker/agent's liability is limited to coverage "within the provisions of the insurance contract." . . . . [W]e find that the trial court properly found that AON is liable to Quintec under Florida's Unauthorized Insurer Act, Section
626.901, Florida Statutes, but reverse on the ground that the court must determine whether Computek's claims were covered under the policy of insurance. AON I,
887 So.2d at 370-71 (emphasis added). Thus, the case was remanded for a determination of coverage so that AON's liability, if any, under section
626.901, could be established....
...ver and estoppel." Id. *479 Doe on Behalf of Doe v. Allstate Ins. Co.,
653 So.2d 371, 373 (Fla.1995). As to the matters raised in the cross-appeal, we find them to be without merit. Our remand was clearly limited to a determination of coverage under section
626.901....
CopyPublished | Florida 4th District Court of Appeal
...Florida case law provides that “‘[t]he measure of damages in
a negligent procurement of insurance case is what would have been
covered had the insurance been properly obtained.’” Id. (quoting Mondesir
v. Delva,
851 So. 2d 187, 189 (Fla. 3d DCA 2003)).
A negligent procurement of insurance claim arises from section
626.901, Florida Statutes (2017), which provides:
(2) If an unauthorized insurer fails to pay in full or in part any
claim or loss within the provisions of any insurance contract
which is entered into in violation of this s...
...is a proper award of damages.” Gulf Coast Bldg.
Sys., Inc. v. United Am. Sur. Co., Ltd.,
614 So. 2d 1360, 1365 (La. App. 3
Cir. 1993).
In Florida a negligent procurement of insurance action is statutorily
authorized where there is a loss during the time the insured holds the
policy. §
626.901, Fla. Stat. In a negligent procurement action, an
unauthorized insurer’s policy is still enforceable and is applied as such
to cover any losses that were not covered by the policy. See §§
626.901(3),
627.418(1), Fla....
...responsible. Here, however, the associations suffered no monetary loss
during the construction.
The Legislature provided that “[n]o insurance contract entered into in
violation of this section shall be deemed to have been rendered invalid
thereby.” § 626.901(3), Fla. Stat. As such, the Legislature expressly made
the unauthorized insurer’s policies enforceable in a negligent procurement
action.
The associations suggest that section 626.901 is inapplicable because
their claim against the agent falls within general negligence....
