Concept Special Risks, Inc.; The Notice of Petition for Declaratory Statement was published in Vol. 40, No. 165, of the August 25, 2014, Florida Administrative Register. The Petitioner, a licensed insurance agency, sought clarification from the ...  

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    DEPARTMENT OF FINANCIAL SERVICES

    NOTICE IS HEREBY GIVEN that the Department of Financial Services has issued an order disposing of the petition for declaratory statement filed by Concept Special Risks, Inc. on August 7, 2014. The following is a summary of the agency’s disposition of the petition:

    The Notice of Petition for Declaratory Statement was published in Vol. 40, No. 165, of the August 25, 2014, Florida Administrative Register. The Petitioner, a licensed insurance agency, sought clarification from the Department that its proposal to enter into an arrangement with a manufacturing entity whereby: the manufacturer would provide the Petitioner with its customer list to use to solicit business, the Petitioner would make a donation to a charity (the Wounded Warrior Project) from its earned commissions, and would advertise the arrangement, would not violate section 626.112(8), Florida Statutes, or any other provision of chapter 626, Florida Statutes. The Department’s Order Disposing of the Petition for Declaratory Statement, filed on November 4, 2014, opines, that based strictly upon the facts provided, sections 626.112(8), 626.572, 626.753(1)(a), and 626.9541(1)(h), Florida Statutes, would not appear to prohibit the proposed arrangement, with regard to use of the manufacturer’s customer list to solicit business or the charitable donation as represented in the Petition. However, because the Petition does not describe with sufficient detail the proposed marketing plan or materials, no opinion can be offered as to whether the proposed marketing would constitute an unlawful inducement or would violate other provisions of the Florida Insurance Code.

    A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Colleen N. Wertz Rio, Division of Legal Services, 626 Larson Building, 6th Floor, 200 E. Gaines Street, Tallahassee, FL 32399-0333, (850)413-4172.

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Contact:
Colleen N. Wertz Rio, Division of Legal Services, 626 Larson Building - 6th Floor, 200 E. Gaines Street, Tallahassee, FL 32399-0333, (850) 413-4172.