Legal Question in Insurance Law in Florida

My wife's business partner in an insurance agency is attempting to take control of their insurance agency with actions that are a breach of their business agreement in which they own equal parts in (50/50).

That aside, he had an insurance agents license which was suspended by the state for a case involving premiums and such.

His suspension was active for 2 years which has since passed. He decided that he didn't want to apply for a reinstatement and instead has an employee with a license to use for the agency business.

In researching a way to counter this takeover attempt, I found this in the statute and wanted to confirm that this would apply in this situation:

Title XXXVII 626.641(4)

During the period of suspension or revocation of a license or appointment, and until the license is reinstated or, if revoked, a new license issued, the former licensee or appointee may not engage in or attempt or profess to engage in any transaction or business for which a license or appointment is required under this code or directly or indirectly own, control, or be employed in any manner by an agent, agency, adjuster, or adjusting firm.

To me that would indicate that he would need to give up control of the business and step aside

If so, what steps should I take ? If this doesn't apply, is their one that does ?

Please let me know. Thanks


Asked on 12/11/13, 8:26 am

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Without reading the agreement, no one can answer properly. His revocation should work to his disadvantage. A court dissolution may be required.

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Answered on 12/11/13, 12:37 pm


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