624.402 Exceptions,
certificate of authority required. ---
A certificate of authority shall not be required of an
insurer with respect to:
(1) Investigation, settlement, or litigation of claims
under its policies lawfully written in this state, or liquidation
of assets and liabilities of the insurer (other than collection of
new premiums), all as resulting from its former authorized
operations in this state.
(2) Transactions involving a policy, subsequent to
issuance thereof, covering only subjects of insurance not resident,
located, or expressly to be performed in this state at the time of
issuance, and lawfully solicited, written, or delivered outside
this state.
(3) Transactions pursuant to surplus lines coverages
lawfully written under part VIII of chapter 626.
(4) Reinsurance, when transacted as authorized under
s. 624.610.
(5) Continuation and servicing of life insurance or
health insurance policies or annuity contracts remaining in force
as to residents of this state when the insurer has withdrawn from
the state and is not transacting new insurance therein.
(6) Investment by a foreign insurer of its funds in
real estate in this state or in securities secured thereby, if the
foreign insurer complies with the laws of this state relating
generally to foreign business corporations.
(7) Transactions involving hospital professional,
hospital liability, and hospital general liability insurance issued
to a resident of this state by a captive insurance company,
provided:
(a) The captive insurance company is domiciled in a United
States jurisdiction, the insurance regulatory body of which has
been accredited by the National Association of Insurance
Commissioners;
(b) The insured owns or controls, or holds with the power
to vote, a percentage of the voting securities of such captive
insurance company which is equal to or greater than the greatest
percentage of voting securities owned or controlled by any other
person;
(c) The captive insurance company files an insurance
premium tax return in this state and pays the tax on such insurance
premiums imposed by s. 624.509(1) or s. 624.5091, whichever is
greater;
(d) The captive insurance company has insured no more than
three hospitals in Florida;
(e) The captive insurance company has been in existence
for at least 3 years as of July 1, 1992; and
(f) The captive insurance company maintains a surplus of
at least $1.5 million in accordance with the laws of its state of
domicile.
History: s. 46, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2,
3, ch. 81-318; ss. 38, 64, 809(1st), ch. 82-243; s. 8, ch. 87-226;
ss. 184, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 2, ch.
92-328.