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Fla. Stat. § 626.798

Life agent as beneficiary; prohibition

Redline — January 1, 2011 → current.View current text →
Current — January 1, 2018
As of January 1, 2011
(1) A life agent may not place or modify life insurance coverage with a life insurer covering the life of a person who is not a family member of the life agent when the life agent or a family member of the life agent is the named beneficiary under the life insurance policy, or the modification names the life agent or a family member of the life agent the named beneficiary, unless the life agent or family member of the life agent has an insurable interest in the life of such person.
(2) A life agent or a family member of the life agent may not serve as a trustee or guardian or accept authority to act under a power of attorney for any person the life agent conducts insurance business with, unless he or she is:
(a) A family member of the person or insured; or
(b)1. Acting as a fiduciary;
2. Licensed as a certified public accountant under s. 473.308; and
3.a. Registered under s. 203 of the Investment Advisers Act of 1940 as an investment adviser, or a representative thereof, and compliant with the notice filing requirements of s. 517.1201; or
b. Registered under s. 517.12, as a dealer, investment adviser, or associated person.
No life agent shall, with respect to the placement of life insurance coverage with a life insurer covering the life of a person who is not a family member of the agent, handle in his or her capacity as a life agent the placement of such coverage when the agent placing the coverage or a family member of such agent is the named beneficiary under the life insurance policy, unless the life agent or family member has an insurable interest in the life of such person. However, the agent or a family member of such agent may not be designated as a trustee or guardian or be granted power of attorney unless he or she is a family member of the policy owner or insured, or is a bank or trust company duly authorized to act as a fiduciary. For the purposes of this section, the phrase “not a family member,” with respect to a life agent, means an individual who is not related to the life agent as father, mother, son, daughter, brother, sister, grandfather, grandmother, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. For the purposes of this section, the term “insurable interest” means that the life agent has an actual, lawful, and substantial economic interest in the safety and preservation of the life of the insured or a reasonable expectation of benefit or advantage from the continued life of the insured.
(3) For the purposes of this section: (a) “Family member” means an individual who is related to the life agent as father, mother, son, daughter, brother, sister, grandfather, grandmother, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. (b) “Insurable interest” means that the life agent or family member of the life agent has an actual, lawful, and substantial economic interest in the safety and preservation of the life of the insured or a reasonable expectation of benefit or advantage from the continued life of the insured.

Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.