Fla. Stat. 634.081
Suspension or revocation of license; grounds


(1)

The office may, in its discretion, suspend or revoke the license of any motor vehicle service agreement company if it finds that the company has violated any lawful order of the office or any provision of this part.

(2)

The office shall suspend or revoke the license of a motor vehicle service agreement company if it finds that the company:Is impaired or insolvent as defined in s. 631.011 or in unsound condition, or in a condition, or using methods and practices in the conduct of its business, as to render its further transaction of service agreements in this state hazardous or injurious to its service agreement holders or to the public.Has refused to be examined or to produce its accounts, records, and files for examination, or if any of its officers have refused to give information with respect to its affairs or to perform any other legal obligation as to the examination, when required by the office.Has failed to pay any fees, taxes, or other assessments within 90 days after their due date.Has failed to pay any final judgment rendered against it in this state within 90 days after the judgment became final.With a frequency as to indicate its general business practice in this state, has without just cause refused to pay proper claims arising under its service agreements, or without just cause compels service agreement holders to accept less than the amount due them or to employ attorneys or to bring suit against the service agreement company to secure full payment or settlement of proper claims.Is affiliated with, or under the same general management or interlocking directorate or ownership of, another motor vehicle service agreement company or person who transacts service agreements in or from this state without a subsisting license.Fails to affirm or deny coverage of a claim upon written request of the agreement holder within a reasonable time after notification of the claim.Fails to promptly provide a reasonable explanation in writing if requested by the agreement holder of the basis in the service agreement in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.

(a)

Is impaired or insolvent as defined in s. 631.011 or in unsound condition, or in a condition, or using methods and practices in the conduct of its business, as to render its further transaction of service agreements in this state hazardous or injurious to its service agreement holders or to the public.

(b)

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

(c)

Has failed to pay any fees, taxes, or other assessments within 90 days after their due date.

(d)

Has failed to pay any final judgment rendered against it in this state within 90 days after the judgment became final.

(e)

With a frequency as to indicate its general business practice in this state, has without just cause refused to pay proper claims arising under its service agreements, or without just cause compels service agreement holders to accept less than the amount due them or to employ attorneys or to bring suit against the service agreement company to secure full payment or settlement of proper claims.

(f)

Is affiliated with, or under the same general management or interlocking directorate or ownership of, another motor vehicle service agreement company or person who transacts service agreements in or from this state without a subsisting license.

(g)

Fails to affirm or deny coverage of a claim upon written request of the agreement holder within a reasonable time after notification of the claim.

(h)

Fails to promptly provide a reasonable explanation in writing if requested by the agreement holder of the basis in the service agreement in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.

(3)

The office may, in its discretion, suspend the license of any motor vehicle service agreement company as to which a proceeding for receivership, conservatorship, or rehabilitation or other delinquency proceeding has been commenced against it or its affiliate in any state.

(4)

A violation of this act by an insurer is grounds for suspension or revocation of the insurer’s certificate of authority in this state.

(5)

The office shall suspend or revoke the license of a company if it finds that the ratio of gross written premiums written to net assets exceeds 10 to 1 unless the company has in excess of $750,000 in net assets and is utilizing contractual liability insurance which cedes 100 percent of the service agreement company’s claims liabilities to the contractual liability insurers or is utilizing contractual liability insurance which reimburses the service agreement company for 100 percent of its paid claims. However, if a service agreement company has been licensed by the office in excess of 10 years, is in compliance with all applicable provisions of this part, and has net assets at all times in excess of $3 million that comply with the provisions of part II of chapter 625, such company may not exceed a ratio of gross written premiums written to net assets of 15 to 1.

Source: Section 634.081 — Suspension or revocation of license; grounds, https://www.­flsenate.­gov/Laws/Statutes/2024/0634.­081 (accessed Aug. 7, 2025).

634.011
Definitions
634.021
Powers of department, commission, and office
634.023
Part exclusive
634.031
License required
634.041
Qualifications for license
634.042
Prohibited investments and loans
634.044
Assets and liabilities
634.045
Guarantee agreements
634.052
Required deposit
634.053
Levy upon deposit limited
634.061
Application for and issuance of license
634.071
License continuance
634.081
Suspension or revocation of license
634.095
Prohibited acts
634.101
Order, notice of suspension or revocation of license
634.111
Duration of suspension
634.121
Forms, required procedures, provisions
634.131
Tax on premiums and assessments
634.136
Office records required
634.137
Financial and statistical reporting requirements
634.141
Examination of companies
634.151
Service of process
634.161
Service of process
634.171
Salesperson to be licensed and appointed
634.181
Grounds for compulsory refusal, suspension, or revocation of license or appointment of salespersons
634.191
Grounds for discretionary refusal, suspension, or revocation of license or appointment of salespersons
634.201
Refusal, suspension, or revocation of license or appointment of salespersons
634.211
Administrative fine in lieu of suspension or revocation of license or appointment
634.221
Disposition of taxes and fees
634.231
Insurance business not authorized
634.241
Prohibition against fronting
634.242
Injunctive proceedings
634.251
Penalty for violation
634.252
Acquisition
634.253
Delinquency proceedings
634.261
Voluntary compliance in lieu of suspension or revocation
634.271
Civil remedy
634.282
Unfair methods of competition and unfair or deceptive acts or practices defined
634.283
Power of department and office to examine and investigate
634.284
Prohibited practices
634.285
Cease and desist and penalty orders
634.286
Appeals from orders of the department or office
634.287
Penalty for violation of cease and desist order
634.288
Civil liability
634.1213
Noncompliant forms
634.1815
Rebating
634.2515
Penalty for selling agreements of a nonlicensed company
634.2815
Unfair methods of competition and unfair or deceptive acts or practices prohibited
634.2825
Motor vehicle service agreement cost specified in “price package.”
634.2855
Unauthorized entities

Current through Fall 2025

§ 634.081. Suspension or revocation of license; grounds's source at flsenate​.gov