(1) A captive reinsurance company, if permitted by its articles of incorporation or charter, may apply to the office for a license to write reinsurance covering property and casualty insurance or reinsurance contracts. A captive reinsurance company authorized by the office may write reinsurance contracts covering risks in any state; however, a captive reinsurance company authorized by the office may not directly insure risks.
(2) To conduct business in this state, a captive reinsurance company must:
(a) Obtain from the office a license authorizing it to conduct business as a captive reinsurance company in this state;
(b) Hold at least one board of directors’ meeting each year in this state;
(c) Maintain its principal place of business in this state; and
(d) Appoint a registered agent to accept service of process and act otherwise on its behalf in this state.
(3) Before receiving a license, a captive reinsurance company must file with the office:
(a) A certified copy of its charter and bylaws;
(b) A statement under oath of its president and secretary showing its financial condition; and
(c) Other documents required by the office.
(4) In addition to the information required by this section, the captive reinsurance company must file with the office evidence of:
(a) The amount and liquidity of the captive reinsurance company’s assets relative to the risks to be assumed;
(b) The adequacy of the expertise, experience, and character of the person who manages the company;
(c) The overall soundness of the company’s plan of operation; and
(d) Other overall factors considered relevant by the office in ascertaining if the company would be able to meet its policy obligations.
History.—ss. 664, 809(1st), ch. 82-243; s. 2, ch. 83-165; ss. 7, 11, ch. 87-127; s. 35, ch. 87-226; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1314, ch. 2003-261; s. 28, ch. 2012-151.
Note.—Former s. 628.611.
Structure Florida Statutes
Chapter 628 - Stock and Mutual Insurers; Holding Companies
Part V - Captive Insurers (Ss. 628.901-628.920)
628.905 - Licensing; authority.
628.906 - Application requirements; restrictions on eligibility of officers and directors.
628.907 - Minimum capital and net assets requirements; restriction on payment of dividends.
628.908 - Surplus requirements; restriction on payment of dividends.
628.909 - Applicability of other laws.
628.910 - Incorporation options and requirements.
628.911 - Reports and statements.
628.912 - Discounting of loss and loss adjustment expense reserves.
628.913 - Captive reinsurance companies.
628.914 - Minimum capitalization or reserves for captive reinsurance companies.
628.9141 - Incorporation of a captive reinsurance company.
628.9142 - Reinsurance; effect on reserves.
628.915 - Exemption from compulsory association.
628.917 - Insolvency and liquidation.
628.918 - Management of assets of captive reinsurance company.
628.919 - Standards to ensure risk management control by parent company.