To be eligible for coverage with the FWCJUA, you must be required by law to maintain workers compensation and employers liability insurance and be in good faith entitled to but unable to purchase such insurance through the voluntary market. You are 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 you are not in good faith entitled to insurance:
- If, at the time of application, you as an individual self-insured employer are 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 you were self-insured; or
- If you, while insurance is in force, knowingly refuse to meet reasonable health, safety, or loss prevention requirements; or
- If you refuse to allow the FWCJUA or its service provider reasonable access to your records for audit or inspection under the policy, or do not comply with any other policy obligation; or
- If you have refused to allow reasonable access to your records or premises that has prevented the completion of an audit or inspection under the policy for purposes of determining final premium to any insurer that provided you with workers compensation insurance during the last three years; or
- If you or an affiliated person have an outstanding obligation for workers compensation premium on previous insurance (i.e., we will not provide coverage if you or an affiliated person owes undisputed premium payments to any agency, broker, premium finance company, or insurer); or
- If you, or your representative, or your selected agency/producer knowingly make a material misrepresentation on the Application for Coverage by omission or otherwise, including any of the following, then FWCJUA coverage maybe refused or cancelled: 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.
Further, you must have applied for and been rejected by two non-affiliated workers compensation insurers in the voluntary market, that write workers compensation insurance in your classification code, within the past sixty (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 your selected agency/producer by affidavit on the Application for Coverage. If there have been any offers of voluntary coverage, full details, including the insurer's name, representative, and terms of that coverage must be supplied during the application process. 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 your 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 you ineligible for our coverage.
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