(1) Advertising materials and other communications developed by insurers, or other risk bearing entities authorized under this code and approved by the office to do business in this state, regarding insurance products shall clearly indicate that the communication relates to insurance products. When soliciting or selling insurance products, agents shall clearly indicate to prospective insureds that they are acting as insurance agents with regard to insurance products and identified insurers, or other risk bearing entities authorized under this code and approved by the office to do business in this state.
(2) There shall be no liability to the insured on the part of, and no cause of action of any nature shall arise against, any licensed and appointed insurance agent for the insolvency of any risk bearing entity when such entity has been duly authorized or approved by the office to do business in this state. However, if the licensed and appointed agent was a controlling producer, as defined in s. 626.7491(2), of the risk bearing entity within 2 years preceding the insolvency, the agent is subject to penalty as provided in s. 626.7491(8).
(3) For the purposes of this section, the term “risk bearing entity” means a reciprocal insurer as defined in s. 629.021, a commercial self-insurance fund as defined in s. 624.462, a group self-insurance fund as defined in s. 624.4621, a local government self-insurance fund as defined in s. 624.4622, a self-insured public utility as defined in s. 624.46225, or an independent educational institution self-insurance fund as defined in s. 624.4623. For the purposes of this section, the term “risk bearing entity” does not include an authorized insurer as defined in s. 624.09.
History.—s. 21, ch. 2001-142; s. 9, ch. 2007-199.
Structure Florida Statutes
Chapter 626 - Insurance Field Representatives and Operations
Part IX - Unfair Insurance Trade Practices (Ss. 626.951-626.99)
626.951 - Declaration of purpose.
626.9531 - Identification of insurers, agents, and insurance contracts.
626.9541 - Unfair methods of competition and unfair or deceptive acts or practices defined.
626.9545 - Improper charge identification incentive program.
626.9551 - Favored agent or insurer; coercion of debtors.
626.9561 - Power of department and office.
626.9581 - Cease and desist and penalty orders.
626.9591 - Appeals from the department or office.
626.9601 - Penalty for violation of cease and desist orders.
626.9621 - Provisions of part additional to existing law.
626.9641 - Policyholders, bill of rights.
626.9702 - Illegal dealings in premiums; excess charges for insurance.
626.9705 - Life or disability insurance; illegal dealings.
626.9706 - Life insurance; discrimination on basis of sickle-cell trait prohibited.
626.9707 - Disability insurance; discrimination on basis of sickle-cell trait prohibited.
626.9741 - Use of credit reports and credit scores by insurers.
626.9743 - Claim settlement practices relating to motor vehicle insurance.
626.9744 - Claim settlement practices relating to property insurance.
626.9885 - Financial institutions conducting insurance transactions.
626.9892 - Anti-Fraud Reward Program; reporting of insurance fraud.
626.9893 - Disposition of revenues; criminal or forfeiture proceedings.