Key Takeaways

  • The Florida Insurance Code prohibits misrepresentation, false advertising, and unfair claims practices
  • Rebating is prohibited in Florida with limited exceptions for certain items of nominal value
  • Twisting and churning are prohibited practices subject to license revocation and fines
  • Florida requires acknowledgment of claims within 14 days and payment within 20 days of settlement
  • Unfair discrimination in underwriting is prohibited except for actuarially justified factors
Last updated: January 2026

Unfair Trade Practices

The Florida Insurance Code prohibits various unfair or deceptive practices in the P&C 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 insurance transactions

Examples of Misrepresentation

Prohibited StatementWhy It's Misrepresentation
"This policy covers everything"No policy covers all losses
"Hurricane coverage is included"May require separate wind coverage
"Your rates are guaranteed"Rates can change
"Citizens is just as good as private"Coverage and assessments differ
"Sinkhole damage is always covered"CGCC vs. sinkhole coverage differ

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
  • Cannot guarantee claims payment beyond policy terms

Rebating

Rebating is offering inducements not specified in the policy:

Prohibited

  • Returning part of premium to insured
  • Offering gifts of more than nominal value
  • Paying for referrals
  • Sharing commission with non-licensed persons
  • Any valuable consideration not in the contract

Florida Exceptions

Unlike some states with strict no-rebating rules:

  • Items of nominal value may be permitted
  • Educational materials
  • Legitimate filed discounts
  • Dividends specified in policy

Exam Tip: Florida has limited exceptions to rebating. Items of nominal value may be allowed, but significant gifts or premium refunds are prohibited.

Twisting and Churning

Twisting

Making misrepresentations to induce replacement:

  • Falsely claiming existing policy is inadequate
  • Misrepresenting policy 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
  • Ignoring client's best interests

Penalties

ViolationPotential Penalty
First offenseWarning to suspension
Per violationSignificant fines
Pattern of violationsLicense revocation
Consumer harmRestitution required

Unfair Claims Practices

Florida has specific claims handling requirements:

Claims Timeline Requirements

ActionTimeframe
Acknowledge claim14 days
Begin investigationWithin 10 working days
Pay or deny90 days after proof of loss
Pay settled claims20 days after settlement

Prohibited Claims 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
  • Not attempting good faith settlement when liability clear
  • Failing to promptly provide explanation of denial

Unfair Discrimination

Florida prohibits unfair discrimination in P&C insurance:

Prohibited Factors

Cannot discriminate based on:

  • Race
  • Color
  • Religion
  • National origin
  • Marital status
  • Sex (with exceptions)

Permitted Underwriting Factors

  • Driving record
  • Claims history
  • Credit score (with disclosures)
  • Territory
  • Building characteristics
  • Hurricane mitigation features
Test Your Knowledge

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

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Test Your Knowledge

Within how many days must a Florida insurer pay a settled P&C claim?

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D