(1) No domestic insurer shall enter into a contract of insurance upon the life or person of a resident of a reciprocal state or covering property or risks located in a reciprocal state, unless the insurer is authorized pursuant to the laws of such reciprocal state to do business therein, subject to the following exceptions:
(a) Contracts entered into when the prospective insured is personally present and signs the application in the state in which the insurer is authorized to do business;
(b) Issuance of certificates under any lawfully transacted group life or group health policy if the master policy is entered into in a state in which the insurer is authorized to do business;
(c) Contracts made pursuant to a pension or retirement plan of an employer when such contracts are applied for in a state where the employer is personally present or doing business and the insurer is authorized to do business; and
(d) The renewal, reinstatement, conversion, or continuance in force with or without modification of contracts otherwise lawfully entered into and which were not originally entered into in violation of this section.
(2) The term “reciprocal state” as used in this section means a state the laws of which prohibit an insurer organized under the laws of that state from insuring the lives or property of persons resident or located in this state, unless such insurer is authorized pursuant to the laws of this state to do business in this state.
History.—s. 649, ch. 59-205; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 658, 665, 809(1st), ch. 82-243; s. 5, ch. 90-248; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
Structure Florida Statutes
Chapter 628 - Stock and Mutual Insurers; Holding Companies
Part I - Stock and Mutual Insurers: Organization and Corporate Procedures (Ss. 628.011-628.535)
628.021 - “Stock insurer” defined.
628.031 - “Mutual insurer” defined.
628.041 - Applicability of general corporation statutes.
628.051 - Application for permit to form insurer; contents; fee.
628.061 - Investigation of proposed organization.
628.071 - Granting, denial of permit.
628.081 - Incorporation of domestic insurer.
628.091 - Filing, approval of articles of incorporation.
628.101 - Amendment of certificate of incorporation; stock insurer.
628.111 - Amendment of articles of incorporation; mutual insurer.
628.121 - Capital stock; amount; payment.
628.131 - Limitation on organization and stock sales expenses.
628.151 - Insurance business exclusive.
628.161 - Initial qualifications; mutuals.
628.171 - Formation of mutual insurer; bond.
628.221 - Bylaws of mutual insurer.
628.251 - Management and exclusive agency contracts.
628.261 - Notice of change of director or officer.
628.271 - Office and records; penalty for unlawful removal of records.
628.281 - Exceptions to requirement that office, records, and assets be maintained in this state.
628.291 - Unauthorized transactions in other states.
628.301 - Membership in mutual insurer.
628.341 - Nonassessable policies; mutual insurers.
628.351 - Nonassessable policies; revocation of authority of mutual insurer.
628.361 - Participating policies.
628.371 - Dividends to stockholders.
628.381 - Dividends to mutual policyholders.
628.391 - Illegal dividends; penalty.
628.411 - Impairment of capital or assets.
628.421 - Assessment of stockholders or members.
628.431 - Mutualization of stock insurers.
628.441 - Converting mutual insurer.
628.451 - Merger or share exchange of stock insurers and other entities.
628.461 - Acquisition of controlling stock.
628.471 - Mergers; mutual insurers.
628.481 - Bulk reinsurance; stock insurers.
628.491 - Mergers and consolidations; mutual insurers; agreement of bulk reinsurance.
628.501 - Mutual member’s share of assets on liquidation.
628.511 - Ownership or transfer of securities without physical delivery of certificates.
628.520 - Change of domicile of a foreign insurer.
628.525 - Change of domicile of a domestic insurer.