Key Takeaways

  • The Florida Unfair Insurance Trade Practices Act (Section 626.951-626.9641) prohibits misrepresentation and unfair practices
  • Rebating is prohibited in Florida with limited exceptions for premium financing and nominal gifts
  • Twisting and churning are prohibited practices subject to license revocation and fines up to $5,000
  • Florida requires prompt claim handling with specific timeframes for acknowledgment and payment
  • Unfair discrimination based on race, religion, national origin, or handicap is prohibited
Last updated: January 2026

Unfair Trade Practices

The Florida Unfair Insurance Trade Practices Act (Florida Statutes Sections 626.951-626.9641) prohibits various unfair or deceptive practices in the insurance industry.

Misrepresentation

Producers and insurers are prohibited from:

False Statements

  • Making false statements about policy terms or benefits
  • Misrepresenting the financial condition of an insurer
  • Using misleading policy illustrations
  • Making false statements about competitors
  • Misrepresenting the nature of the insurance transaction

Examples of Misrepresentation

Prohibited StatementWhy It's Misrepresentation
"This policy covers everything"No policy covers all losses
"Your rates will never increase"Rates can change
"This company is the most stable"If not verifiable
"You must buy today"False urgency

False Advertising

Florida prohibits deceptive insurance advertising:

  • Ads must be truthful and not misleading
  • Must clearly identify as insurance advertisement
  • Cannot use testimonials that are not genuine
  • Cannot imply government endorsement
  • Must include insurer's name

Digital and Social Media

  • Same standards apply to social media
  • Must be clear it's an advertisement
  • Cannot make unsubstantiated claims
  • Producer must be identified
  • Records must be kept

Rebating

Rebating is offering inducements not specified in the policy to purchase insurance:

What Is Prohibited

  • Returning part of premium to insured
  • Offering gifts or prizes of significant value
  • Paying for referrals to non-licensees
  • Sharing commission with non-licensed persons

Permitted Exceptions

Florida allows:

  • Premium financing arrangements
  • Dividends specified in policy
  • Legitimate marketing items of nominal value
  • Group premium discounts authorized by insurer
  • Meals and entertainment of reasonable value

Exam Tip: Rebating is prohibited in Florida. Remember the limited exceptions for nominal value items and premium financing.

Twisting and Churning

Twisting

Making misrepresentations to induce replacement of existing insurance:

  • Falsely claiming existing policy is deficient
  • Misrepresenting cash surrender values
  • Hiding costs of replacement
  • Exaggerating benefits of new policy

Churning

Excessive replacement of policies to generate commissions:

  • Multiple replacements for same client
  • Pattern of replacements in book of business
  • Using policy values to pay new premiums repeatedly
  • Creating new surrender charge periods

Penalties

ViolationPotential Penalty
First offenseWarning, fine, or suspension
Repeat offenseLicense revocation
Per violationUp to $5,000 fine
Consumer harmRestitution required

Unfair Claims Practices

Florida requires insurers to handle claims fairly and promptly:

Prohibited Practices

  • Misrepresenting policy provisions to claimants
  • Failing to acknowledge claims promptly
  • Failing to communicate claim decisions
  • Denying claims without reasonable investigation
  • Offering substantially less than reasonable value
  • Delaying payment to force settlement
  • Requiring excessive documentation

Claim Handling Timeframes

ActionFlorida Requirement
Acknowledge claim14 days
Begin investigationImmediately upon notice
Pay or deny claim90 days after proof of loss
Pay undisputed amounts20 days after agreement

Bad Faith

If an insurer acts in bad faith, policyholders may recover:

  • Policy benefits owed
  • Consequential damages
  • Punitive damages in some cases
  • Attorney's fees under certain statutes

Unfair Discrimination

Florida prohibits unfair discrimination in insurance:

Protected Categories

CategoryProtection
RaceCannot use in underwriting or rating
ColorCannot use in underwriting or rating
ReligionCannot use in underwriting or rating
National OriginCannot use in underwriting or rating
Marital StatusLimited use restrictions
HandicapCannot discriminate unfairly

Permitted Rating Factors

Insurers can consider:

  • Age
  • Health status (where permitted)
  • Smoking/tobacco use
  • Occupation
  • Other actuarially justified factors
Test Your Knowledge

What is the maximum fine per violation for unfair trade practices in Florida?

A
B
C
D
Test Your Knowledge

Within how many days must a Florida insurer acknowledge receipt of a claim?

A
B
C
D
Test Your Knowledge

Which of the following is generally PERMITTED in Florida insurance sales?

A
B
C
D