Kris Anderson

Is Your Insurer Even an Insurer? Unauthorized Entities in Florida

The cheapest quote in Florida is sometimes not a quote at all. It is an invitation into an entity that has no certificate of authority, no solvency regulation, no reserves, and no intention of paying a claim.

Kris Anderson
Written by
Kris Anderson · Founding Partner
Reviewed by Robert Walker · Last reviewed July 14, 2026

The cheapest quote in Florida is sometimes not a quote at all. It is an invitation into an entity that has no certificate of authority, no solvency regulation, no reserves, and no intention of paying a claim.

What "unauthorized entity" means

Every company transacting insurance in Florida must hold a certificate of authority from the Office of Insurance Regulation under chapter 624, Florida Statutes. Section 624.401 states the requirement; an entity that transacts insurance without one is an unauthorized entity. Regulators have warned about them for decades because the business model is stable across every product line and every decade: collect premium, deny claims, dissolve, reappear.

The critical consequence is structural. Authorized insurers are solvency-regulated and are backed, on failure, by the Florida Insurance Guaranty Association. Unauthorized entities are inside neither system. When they fail — and failure is the plan — the policyholder has no regulatory remedy at all. What the policyholder has instead is a claim against the people who sold it.

Where they surface

  • Health-plan lookalikes. Sham "ERISA plans," fake Multiple Employer Welfare Arrangements, association plans, and discount cards marketed as major medical coverage. Victims learn the truth from a hospital's collections department.
  • Commercial liability programs. Hard-to-place risks — trucking, roofing, tow operators, security firms, staffing — get quoted liability coverage at a fraction of the market. The premium is low because the coverage is not real.
  • Property programs. After every hurricane cycle, homeowners priced out of the admitted market become the target market for entities that will not be there when the next storm is.
  • Life and final-expense products distributed through unlicensed networks inside immigrant and elderly communities, where the trusted intermediary is a person rather than an institution.

The signals

Regulators publish warning signs, and they are consistent. A quote materially below every competitor. Coverage available only through "membership" in an association or ministry you have never heard of. Pressure to pay by cashier's check, wire, cash, or peer-to-peer app rather than to the carrier. A policy number in a format the carrier does not use. An entity that does not appear in the OIR company search. Vague or shifting answers about which company actually underwrites the risk. Documents that describe the product as a "plan," a "program," or a "sharing arrangement" rather than insurance — a designed ambiguity, because the moment it is insurance, it is regulated.

Two verifications, three minutes

  1. Verify the company. Florida OIR maintains a company search of every entity authorized to transact insurance in the state, and a published list of unauthorized entities against which it has acted. If a purported carrier is not in the first and is in the second, the analysis is over.
  2. Verify the person. The DFS licensee lookup shows whether the individual is licensed, what lines they are licensed for, which carriers have appointed them, and whether they have been disciplined. An agent selling a product outside their licensed lines is a signal by itself.

Businesses should do both on every renewal, not just at the first purchase — the pattern is that an honest placement in year one becomes an unauthorized placement in year three, when the agent's economics change and the client is no longer checking.

Who answers when the coverage was fiction

The entity itself is a wall. It is typically offshore, undercapitalized, or dissolved, and suing it is an exercise in obtaining paper. Florida law anticipates this and puts the exposure where the money is: on the licensed people who put the business there.

Section 626.901(1), Florida Statutes, makes it unlawful to represent or aid an unauthorized insurer in the transaction of insurance, and section 626.902 makes doing so a felony. But the provision that does the real work in civil litigation is section 626.901(2): when an unauthorized insurer fails to pay a claim, a person who knew or reasonably should have known that the contract violated the statute — and who solicited, negotiated, took the application for, or effectuated it — is liable to the insured for the full amount of the claim or loss not paid. That is a statutory right of action against the producer, and it has obvious logic: the agent was the only licensed professional in the transaction and the only party in a position to run the two verifications above.

Two limits, stated plainly because they matter. The statute requires that state of mind, so a producer who was genuinely deceived along with the client is not automatically caught by it. And it does not apply to surplus lines coverage properly written under the Surplus Lines Law — surplus lines is a lawful, regulated channel, not an unauthorized one. Alongside the statutory route sit the ordinary claims, which do not carry those limits: negligent procurement, negligent misrepresentation, fraud, breach of fiduciary duty where the relationship supports it, and FDUTPA, whose fee-shifting provision can make an otherwise uneconomic case worth bringing.

The recovery source, in nearly every case, is the agency's errors-and-omissions policy, and secondarily the E&O of the wholesaler or managing general agent in the chain.

If you are already inside one

Replace the coverage today, through a verified carrier — the exposure is present-tense. Preserve everything: the application, the "policy," the payment records, the marketing materials, the text messages. Report to DFS. And get advice before you accept any refund, because the refund comes with a release and the release is aimed at the claim that matters.

Talk to Yates Anderson

Placement cases turn on documents that are easy to lose and deadlines that are easy to miss. If you are holding a denial letter, an insolvency notice, or a certificate that turned out to be worthless, request a case evaluation and a Yates Anderson attorney will respond within one business day.

Frequently asked questions

How can I tell if an insurance company is authorized in Florida?

Search the company on the Florida Office of Insurance Regulation's company search, which lists every entity holding a certificate of authority under chapter 624. OIR also publishes unauthorized-entity actions. If the company is not in the authorized list, do not pay it a premium, regardless of what the paperwork looks like.

Is surplus lines coverage the same as unauthorized coverage?

No, and the distinction matters. Surplus lines insurers are not admitted carriers, but they are eligible, regulated, and placed through licensed surplus lines agents under a defined statutory framework. Unauthorized entities are outside that framework entirely. The practical overlap is that surplus lines policies are also outside FIGA protection — which is why Florida requires a disclosure saying so, and why the absence of that disclosure can itself support a claim against the placing agent.

The 'insurer' is offshore and has no assets. Do I have any real remedy?

Usually yes, but not against the entity. The remedy runs against the licensed people who put you into it — the producing agent and agency, and often a wholesaler or managing general agent higher in the chain. Section 626.901, Florida Statutes, is the statutory hook for representing or aiding an unauthorized insurer, and agency errors-and-omissions coverage is generally the source of recovery.

Does the Florida Insurance Guaranty Association cover me?

Not for an unauthorized entity. FIGA responds to the insolvency of licensed, authorized insurers, subject to statutory caps and exclusions. A policy issued by an entity that never held a certificate of authority is outside the guaranty system, and so is a surplus lines placement.

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