CopyCited 1 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 29108, 2009 WL 959917
...certificates to be delivered or issued for delivery in this state shall be filed with the office for information purposes only. Plaintiff argues that §
627.410(1) does not apply to surplus lines insurers because it is trumped by and conflicts with §
626.923. Florida Statute §
626.923 states that: A surplus lines agent shall, within 30 days after the date of a request by the department or the Florida Surplus Lines Service Office, furnish an exact copy of any and all requested policies, including applications, certificat...
...overage as originally placed or issued. Plaintiff contends that "[t]o hold that surplus-lines insurers must always file their policy forms and have them approved by the OIR prior to delivering or issuing any policy would have the effect of rendering § 626.923 and other provisions in Chapter 626 meaningless." (Plaintiff Response, DE 202, p....
...of part I, chapter 627, F.S.," as this Court has previously held ... Zota II,
985 So.2d at 1042. Therefore, part II of Chapter 627, which includes §
627.410, applies to surplus lines insurers. Plaintiff argues that even if §
627.410 applies, then §
626.923 [4] would create an exception to the extent that surplus line insurers are required to file policy forms and have them approved only upon request by the OIR. (Plaintiffs Response, DE 202, p. 5.) Defendants argue that there is no inconsistency between §§
626.923 and
627.410 because §
627.410 discusses approval of policy forms before an insurance policy is issued and §
626.923 deals with filing a copy of a policy after issuance. (Defendants' Reply, DE 221, p. 5-6.) Defendants assert that the requirements of §
626.923 are in addition to the requirements of §
627.410....
...(e) Surplus lines insurance placed under the provisions of ss.
626.913-626.937. (3) For the purposes of this chapter, all motor vehicle insurance shall be deemed to be casualty insurance only. (4) This part does not apply to health insurance. [4] Florida Statute §
626.923 states that: A surplus lines agent shall, within 30 days after the date of a request by the department or the Florida Surplus Lines Service Office, furnish an exact copy of any and all requested policies, including applications, certificat...
