Florida Statutes, Rules, and Regulations Common to All Lines

An agent holds return premium owed to a former policyholder and treats it as agency working capital while deciding what to do. Why does this breach the statute?

Answer and explanation
Answer: C. Section 626.561(1) names return premiums among the trust funds an agent holds in a fiduciary capacity and requires the licensee to account for and pay them to the insurer, insured, or other person entitled to them in the regular course of business. Using them as working capital is inconsistent with that duty. The section does not assign them to the insurer pending file closure, permit retention against chargebacks, or convert them to unclaimed property on cancellation.Source: Fla. Stat. § 626.561 — 626.561(1), Accounting to the person entitled

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