Florida Statutes 1983, Volume 3 - Florida State University College of ...

F.S.1983 LEGAL EXPENSE INSURANCE Ch.642
642.011
642.013
642.015
642.017
642.019
642.021
642.023
642.025
642.027
642.029
642.032
642.0331
642.0334
642.0336
642.0338
642.034
642.036
642.038
642.041
642.043
642.045
642.047
642.0475
642.049
Short title.
Purpose.
Definitions.
Exemptions. .
Organization of legal expense insurance
corporations.
Certificate of authority.
Required deposit or bond.
Policy and certificate forms.
Premium rates.
Contracts by insurers.
Provisions of general insurance law applicable
to legal expense insurance corporations.
Grounds for suspension or revocation of
certificate.
Order; notice of suspension or revocation
of certificate; effect; publication.
Duration of suspension; obligations during
suspension; reinstatement.
Administrative fine in lieu of suspension
or revocation.
Registration required.
Sales representatives to be registered.
Reporting and accounting for funds.
Grounds for compulsory refusal, suspension,
or revocation of registration of
contracting sales representatives.
Grounds for discretionary refusal, suspension,
or revocation of registration of
sales representatives.
Procedure for refusal, suspension, or revocation
of registration of sales representative;
departmental action upon violation
by licensed insurance agent or solicitor.
Administrative fine in lieu of suspension
or revocation of registration.
Civil remedy.
Construction.
'642.011 Short title.-Sections 642.011-642.049
may be cited as the "Legal Expense Insurance Act."
Hi8tory.-s. I, ch. 79-103; s. 2, ch. 81-318; ss. 20, 21, ch. 83-278.
'Note.- Repealed effective October I, 1993, by s. 21, ch. 83-278, and scheduled
for review pursuant to s. 11.61 in advance of that date.
'642.013 Purpose.-The purpose of ss.
642.011-642.049 is to authorize certification and regulation
of certain organizations which provide programs
for the payment of the costs of legal services or
provide legal services.
Hi8tory.-s. I, ch. 79-103; s. 2, ch. 81-318; 88. 20, 21, ch. 83-278.
'Not e.- Repealed effective October I, 1993, by s. 21, ch. 83-278, and scheduled
for review pursuant to s. 11.61 in advance of that date.
'642.015 Definitions.-As used in ss.
642.011-642.049, the term:
(1) "Department" means the Department of Insurance.
(2) "Insurance code" means the Florida Insurance
Code as provided in s. 624.01.
CHAPTER 642
LEGAL EXPENSE INSURANCE
773
(3) "Insurer" means any person authorized to
conduct a life or casualty insurance business in this
state or a legal expense insurance corporation authorized
under ss. 642.011-642.049.
(4) "Legal expense insurance" means a contractual
obligation to provide specific legal services, or to
reimburse for specific legal expenses, ih consideration
of a specified payment for an interval of.time, regardless
of whether the payment is made by the beneficiaries
individually or by a third person for them, but
does not include the provision of, or reimbursement
for, legal services incidental to other insurance coverages.
Hi8tory.-s. I, ch. 79-103; s. 2, ch. 81-318; ss. I, 20, 21 , ch. 83-278.
'Note.-Expires October I, 1993, pursuant to s. 21, ch. 83-278, and is scheduled
for review pursuant to s. 11.61 in advance of that date.
'642.017 Exemptions.-The provisions of the
Florida Insurance Code and ss. 642.011-642.049 do
not apply to:
(1) Retainer contracts made by attorneys-at-law
with individual clients with fees based on estimates
of the nature and amount of services to be provided
to the specific client and similar contracts made with
a group of clients involved in the same or closely related
legal matters.
(2) Any lawyer referral service authorized by The
Florida Bar.
(3) The furnishing of legal assistance by labor
unions or other employee organizations to their members
in matters relating to employment or occupation.
(4) The furnishing of legal assistance to members,
or their dependents, by a church, cooperative, educational
institution, credit union, or organization of employees,
in which the organization contracts directly
with a lawyer or law firm for the provision of legal
services and the administration and marketing of
such legal services are conducted wholly by the organization.
(5) Employee welfare benefit plans to the extent
that state laws are superseded by the Employee Retirement
Income Security Act of 1974, 29 U.S.C. s.
1144, provided evidence of exemption from state laws
is shown to the department.
Hi8tory.-s. I, ch. 79-103; s. 2, ch. 81-318; sa. 2, 20, 21, ch. 83-278.
'Note.-Expires October I, 1993, pursuant to s. 21, ch. 83-278, and is scheduled
for review pursuant to s. 11.61 in advance of that date.
'642.019 Organization of legal expense insurance
corporations.-
(1) Any number of corporations or adult natural
persons may organize a legal expense insurance corporation
under the law of this state relating to corporations
generally.
(2) The articles of incorporation shall conform to
the requirements applicable to corporations, and, in
addition:
(a) The name bf the corporation shall indicate
that legal services or indemnity for legal expenses is
to be provided; and
(b) The purposes of the corporation shall be lim-