The Florida Division of Consumer Services which is a part of the Florida Department of Financial Services (FDFS) is happy to assist you with your insurance questions and concerns, or open a formal complaint or service request so you can get answers. The Division of Consumer Services has many dedicated and experienced helpline specialists that are continuously trained and informed about any changes that occur to the 26 different categories of insurance they engage in as overseers of activities affecting insurance consumers. They are ready to contact your insurance company or any other licensed insurance professional on your behalf to assist you.
Click on the link below to submit your request for help.
The Florida Association for Insurance Reform (FAIR) routinely receives calls from licensed Florida insurance agents complaining that certain insurance agents have been illegally pushing the sale of unregulated surplus lines insurance policies to board members who govern commercial residential complexes (apartments and condominiums primarily). This is often termed “illegal exportation.” FAIR has opened a special portal where insurance agents can anonymously report violators of Florida statute 626.916, the eligibility for export law, also called the diligent effort law.
The current complaint scenario as it is being reported to our organization is as follows:
Typically, an insurance agent who is appointed with an admitted, regulated insurance company to bind commercial residential risks (condominium associations as an example) has a policy in force. Upon the renewal or often during the term of an existing policy, a competing insurance agent who is NOT appointed with an admitted, regulated insurance company offers to sell the condominium association a surplus lines policy, even though there is a competitive admitted market willing to underwrite or has already underwritten the risk. The agent that has provided the admitted, regulated insurance company quote often terms the competing agent’s activity “poaching” and this activity is a clear violation of Florida Statute 626.916. Poaching has resulted in lawful insurance agents losing a significant portion of their commercial residential book of business to those agents that either are unaware or choose to ignore the current diligent effort law.
Florida insurance agents who have lost a commercial residential account as a result of these bad actors can file a complaint with the Florida Division of Insurance Agent and Agency Services by sending an email complaint to the address below. If preferred, they can anonymously provide us the information we request below and FAIR will file the complaint for you.