The Florida Senate

626.891  Grounds for suspension or revocation of certificate of authority.--

(1)  The certificate of authority of an administrator shall be suspended or revoked if the office determines that the administrator:

(a)  Is in an unsound financial condition;

(b)  Has used or is using such methods or practices in the conduct of its business so as to render its further transaction of business in this state hazardous or injurious to insured persons or the public; or

(c)  Has failed to pay any judgment rendered against it in this state within 60 days after the judgment has become final.

(2)  The office may, in its discretion, suspend or revoke the certificate of authority of an administrator if it finds that the administrator:

(a)  Has violated any lawful rule or order of the commission or office or any provision of this chapter;

(b)  Has refused to be examined or to produce its accounts, records, and files for examination, or if any of its officers has refused to give information with respect to its affairs or has refused to perform any other legal obligation as to such examination, when required by the office;

(c)  Has, without just cause, refused to pay proper claims or perform services arising under its contracts or has, without just cause, compelled insured persons to accept less than the amount due them or to employ attorneys or bring suit against the administrator to secure full payment or settlement of such claims;

(d)  Is or was affiliated with and under the same general management or interlocking directorate or ownership as another administrator which transacts business in this state without having a certificate of authority;

(e)  At any time fails to meet any qualification for which issuance of the certificate could have been refused had such failure then existed and been known to the office;

(f)  Has been convicted of, or has entered a plea of guilty or nolo contendere to, a felony relating to the business of insurance or insurance administration in this state or in any other state without regard to whether adjudication was withheld; or

(g)  Is under suspension or revocation in another state.

(3)  The office may, pursuant to s. 120.60, in its discretion and without advance notice or hearing thereon, immediately suspend the certificate of any administrator if it finds that one or more of the following circumstances exist:

(a)  The administrator is insolvent or impaired.

(b)  The fidelity bond required by s. 626.8809 is not maintained.

(c)  A proceeding for receivership, conservatorship, rehabilitation, or other delinquency proceeding regarding the administrator has been commenced in any state.

(d)  The financial condition or business practices of the administrator otherwise pose an imminent threat to the public health, safety, or welfare of the residents of this state.

(4)  The violation of this part by any insurer shall be a ground for suspension or revocation of the certificate of authority of that insurer in this state.

History.--s. 4, ch. 83-203; s. 3, ch. 84-94; s. 30, ch. 88-166; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 28, ch. 92-146; s. 1001, ch. 2003-261.