Fla. Stat. 634.409
Grounds for suspension or revocation of license


(1)

The license of any service warranty association may be revoked or suspended, or the office may refuse to renew any such license, if it is determined that the association has violated any lawful rule or order of the commission or office or any provision of this part.

(2)

The license of any service warranty association shall be suspended or revoked if it is determined that such association:Is in an unsound financial condition, or is in such condition as would render its further transaction of service warranties in this state hazardous or injurious to its warranty 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 have refused to perform any other legal obligation as to such examination, when required by the office.Has failed to pay any final judgment rendered against it in this state within 60 days after the judgment became final.Has, without just cause, refused to pay proper claims arising under its service warranties or, without just cause, has compelled warranty holders to accept less than the amount due them, or to employ attorneys, or to bring suit against the association to secure full payment or settlement of such claims.Is affiliated with, and under the same general management or interlocking directorate or ownership as, another service warranty association which transacts direct warranties in this state without having a license therefor.Is using such methods or practices in the conduct of its business as would render its further transaction of service warranties in this state hazardous or injurious to its warranty holders or to the public.

(a)

Is in an unsound financial condition, or is in such condition as would render its further transaction of service warranties in this state hazardous or injurious to its warranty 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 have refused to perform any other legal obligation as to such examination, when required by the office.

(c)

Has failed to pay any final judgment rendered against it in this state within 60 days after the judgment became final.

(d)

Has, without just cause, refused to pay proper claims arising under its service warranties or, without just cause, has compelled warranty holders to accept less than the amount due them, or to employ attorneys, or to bring suit against the association to secure full payment or settlement of such claims.

(e)

Is affiliated with, and under the same general management or interlocking directorate or ownership as, another service warranty association which transacts direct warranties in this state without having a license therefor.

(f)

Is using such methods or practices in the conduct of its business as would render its further transaction of service warranties in this state hazardous or injurious to its warranty holders or to the public.

(3)

The office may, pursuant to s. 120.60, in its discretion and without advance notice or hearing thereon, immediately suspend the license of any service warranty association if it finds that one or more of the following circumstances exist:The association is insolvent or impaired as defined in s. 631.011.The association’s reserve account required by s. 634.406(1) is not being maintained.A proceeding for receivership, conservatorship, or rehabilitation or any other delinquency proceeding regarding the association has been commenced in any state.The financial condition or business practices of the association otherwise pose an imminent threat to the public health, safety, or welfare of the residents of this state.The association fails to affirm or deny coverage of claims upon the written request of the agreement holder within a reasonable time after notification of the claim.The association fails to promptly provide a reasonable explanation in writing to 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)

The association is insolvent or impaired as defined in s. 631.011.

(b)

The association’s reserve account required by s. 634.406(1) is not being maintained.

(c)

A proceeding for receivership, conservatorship, or rehabilitation or any other delinquency proceeding regarding the association has been commenced in any state.

(d)

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

(e)

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

(f)

The association fails to promptly provide a reasonable explanation in writing to 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.

(4)

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

Source: Section 634.409 — Grounds for suspension or revocation of license, https://www.­flsenate.­gov/Laws/Statutes/2024/0634.­409 (accessed Aug. 7, 2025).

634.44
Appeals from orders of the department or office
634.401
Definitions
634.402
Powers of department, commission, and office
634.403
License required
634.404
Qualifications for license
634.405
Required deposit or bond
634.406
Financial requirements
634.407
Application for and issuance of license
634.408
License continuance
634.409
Grounds for suspension or revocation of license
634.411
Order
634.412
Duration of suspension
634.413
Administrative fine in lieu of suspension or revocation
634.414
Forms
634.415
Tax on premiums
634.416
Examination of associations
634.417
Service of process
634.419
License and appointment required
634.420
License and appointment of sales representatives
634.421
Reporting and accounting for funds
634.422
Grounds for compulsory refusal, suspension, or revocation of license or appointment of sales representatives
634.423
Grounds for discretionary refusal, suspension, or revocation of license or appointment of sales representatives
634.424
Procedure for refusal, suspension, or revocation of license or appointment of sales representatives
634.425
Duration of suspension or revocation
634.426
Administrative fine in lieu of suspension or revocation of license or appointment
634.427
Disposition of taxes and fees
634.428
Insurance business not authorized
634.429
Fronting not permitted
634.430
Dissolution or liquidation
634.431
Penalty for violation
634.433
Civil remedy
634.435
Unfair methods of competition and unfair or deceptive acts or practices prohibited
634.436
Unfair methods of competition and unfair or deceptive acts or practices defined
634.437
Power of department and office to examine and investigate
634.438
Prohibited practices
634.439
Cease and desist and penalty orders
634.441
Penalty for violation of cease and desist order
634.442
Injunctive proceedings
634.443
Civil liability
634.444
Investigatory records
634.4025
Part exclusive
634.4051
Levy upon deposit limited
634.4061
Assets and liabilities
634.4062
Prohibited investments and loans
634.4065
Guarantee agreements
634.4085
Acquisition
634.4145
Noncompliant forms
634.4165
Office records required
634.4225
Rebating
634.4385
Unauthorized entities

Current through Fall 2025

§ 634.409. Grounds for suspension or revocation of license's source at flsenate​.gov