Eligibility

To be eligible for coverage with the FWCJUA, an Employer must be required by law to maintain workers’ compensation and employer’s liability insurance and be in good faith entitled to but unable to purchase such insurance through the voluntary market. An Employer is not in good faith entitled to insurance if any of the following circumstances exist, at the time of application or thereafter, or other evidence exists that such Employer is not in good faith entitled to insurance:

• If, at the time of application, a self-insured Employer is aware of pending bankruptcy proceedings; insolvency; cessation of operations; or conditions that would probably result in occupational disease or cumulative injury claims from exposures incurred while the Employer was self-insured; or
  
• If the Employer, while insurance is in force, knowingly refuses to meet reasonable health and safety requirements; or
  
• If the Employer or an affiliated person has an outstanding obligation for workers' compensation premium on previous insurance; or
  
• If the Employer or its representative and/or its the Agency or Designated Producer knowingly makes a material misrepresentation on the Application for Coverage by omission or otherwise, including any of the following, then insurance hereunder may be refused or canceled: estimated annual premium, estimated payroll, offers of workers compensation insurance; nature of business, name or ownership of business; previous insurance history; or outstanding premium obligation of the Employer or other enterprise with a common managing interest.
  
• An Employer must have applied for and been rejected by two non-affiliated workers' compensation Insurers in the voluntary market that write workers' compensation insurance in the Employer's classification code, within the past 60 days specifically including, where applicable, the current Insurer.  Such rejections must be documented in writing, either by the companies issuing the rejection, or by the Designated Producer by affidavit on forms prescribed by the Board.
  
• If there have been any offers of voluntary coverage, full details, including Insurer name, representative, and terms of that coverage must be supplied.  As Florida law requires that an Employer be unable to obtain voluntary coverage to be entitled to FWCJUA coverage, the FWCJUA must have this information to determine the Employer's eligibility.  The offer of any reasonable rating plan approved in Florida shall be deemed an offer of insurance in a regular manner, and such an offer makes the Employer ineligible for FWCJUA coverage.
  
• For the FWCJUA to bind coverage, the applicable estimated annual or deposit and/or advance premiums inclusive of the flat fee must accompany the Application for Coverage.
  
• The FWCJUA shall not bind coverage if the Employer or an affiliated person owes undisputed premium payments to any Agency, broker, premium finance company, or Insurer.

All Applications for Coverage with the FWCJUA shall be reviewed for reasonableness and accuracy using any available historic information regarding the Employer.