324.151
Motor vehicle liability policies; required provisions.
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324.151 Motor vehicle liability policies; required provisions.—
(1) A motor vehicle liability policy to be proof of financial responsibility under s. 324.031(1) shall be issued to owners or operators under the following provisions:
(a) An owner’s liability insurance policy must designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby granted, must insure the owner named therein, and, except for a named driver excluded under s. 627.747, must insure any other person as operator using such motor vehicle or motor vehicles with the express or implied permission of such owner against loss from the liability imposed by law for damage arising out of the ownership, maintenance, or use of such motor vehicle or motor vehicles within the United States or the Dominion of Canada, subject to limits, exclusive of interest and costs with respect to each such motor vehicle as is provided for under s. 324.021(7). Insurers may make available, with respect to property damage liability coverage, a deductible amount not to exceed $500. In the event of a property damage loss covered by a policy containing a property damage deductible provision, the insurer shall pay to the third-party claimant the amount of any property damage liability settlement or judgment, subject to policy limits, as if no deductible existed.
(b) An operator’s motor vehicle liability policy of insurance shall insure the person named therein against loss from the liability imposed upon him or her by law for damages arising out of the use by the person of any motor vehicle not owned by him or her, with the same territorial limits and subject to the same limits of liability as referred to above with respect to an owner’s policy of liability insurance.
(c) All such motor vehicle liability policies shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period, the limits of liability, and shall contain an agreement or be endorsed that insurance is provided in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage or both and is subject to all provisions of this chapter. Said policies shall also contain a provision that the satisfaction by an insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage, and shall also contain a provision that bankruptcy or insolvency of the insured or of the insured’s estate shall not relieve the insurance carrier of any of its obligations under said policy.
(2) The provisions of this section shall not be applicable to any automobile liability policy unless and until it is furnished as proof of financial responsibility for the future pursuant to s. 324.031, and then only from and after the date said policy is so furnished.
History.—s. 1, ch. 29963, 1955; s. 24, ch. 57-1; s. 1, ch. 65-489; s. 1, ch. 71-325; s. 9, ch. 88-370; s. 438, ch. 95-148; s. 2, ch. 2021-96.
Note.—Former s. 324.10.
Notes of Decisions
Cited in 38
cases (2 in the last 5 years), 1960–2026 · leading case: Ins. Co. of North America v. Avis Rent-A-Car
Ins. Co. of North America v. Avis Rent-A-Car (1977)
“insure the owner named therein and any other person as operator using such motor vehicle or motor vehicles with the express or implied permission of such owner, against loss from the liability imposed by law for damage arising out of the ownership, maintenance, or use of such…”
Chandler v. Geico Indemnity Co. (2011)
“Geico is further distinguishable from our decision in Roth because Roth expressly relied on the Financial Responsibility Law, § 324.151(l)(a), Fla. Stat. (1969), governing insurance coverage required of owners of rental cars.”
Nat. Merchandise Co., Inc. v. United Serv. Auto. Ass'n (1981)
“Furthermore, Section 324.151(1)(a), Florida Statutes (1971), which is also part of the Financial Responsibility scheme, requires the description of all vehicles in an owner's liability policy so that they may be insured "against damage arising out of the ownership, maintenance,…”
Makris v. State Farm Mutual Automobile Insurance Company (1972)
“The question to be determined on this appeal is whether an automobile insurance policy which has been certified as coverage under an SR-22 form filed pursuant to Fla. Stat. § 324.151 (1), F.S.A., may have exclusions to coverage.”
Mullis v. State Farm Mutual Automobile Insurance Co. (1971)
“0851, as will be demonstrated by authorities hereinafter cited. When uninsured motorist coverage was obtained by Shelby Mullis pursuant to Section 627.”
Fischer v. State Farm Mut. Auto. Ins. (1986)
“[2] In our view, it does not necessarily follow that the Legislature intended that there be no territorial restriction of uninsured motorist coverage merely because it intentionally omitted any mention of territorial restriction in the uninsured motorist statute. Instead, we…”
Howard v. American Service Mutual Insurance Co. (1963)
“021(8) and § 324.151, or "(2) Posting with the state treasurer of a satisfactory bond of a surety company authorized to do business in this state, conditioned for payment of the amount specified in § 324.”
Grant v. New Hampshire Ins. Co. (1993)
“151(2), Florida Statutes (1987), provides: The provisions of [section 324.151, dealing with owner or operator's motor vehicle liability policies as proof of financial responsibility] shall not be applicable to any automobile liability policy unless and until it is furnished as…”
Angelotta v. Security National Insurance (2013)
“Based on the clear and unambiguous language of section 324.151, Security was required to insure Snyder against loss from liability imposed upon him for damages suffered by Angelotta as a result of Snyder’s negligent operation of his leased vehicle on February 28, 2008.”
Lynch-Davidson Motors v. Griffin (1966)
“, as applicable to all automobile liability insurance policies issued on Florida vehicles and held, in effect, that the minimum financial responsibility requirements specified in Section 324.151 of the Act must be read into and become a part of each such policy regardless of…”
Allstate Ins. Co. v. EXECUTIVE CAR AND TRUCK (1986)
“Executive does not contest the fact that they failed to shift the burden of primary insurance to the lessee.”
Roth v. Old Republic Insurance Company (1972)
“Section 324.151(1) (a), F.S., F.S.A., provides: "An owner's liability insurance policy .”
— 324.151(1) — 6 cases
Mullis v. State Farm Mutual Automobile Insurance Co. (1971)
“0851, as will be demonstrated by authorities hereinafter cited. When uninsured motorist coverage was obtained by Shelby Mullis pursuant to Section 627.”
Roth v. Old Republic Insurance Company (1972)
“Section 324.151(1) (a), F.S., F.S.A., provides: "An owner's liability insurance policy .”
Howard v. American Service Mutual Insurance Co. (1963)
“021(8) and § 324.151, or "(2) Posting with the state treasurer of a satisfactory bond of a surety company authorized to do business in this state, conditioned for payment of the amount specified in § 324.”
— 324.151(1)(a) — 10 cases
Ins. Co. of North America v. Avis Rent-A-Car (1977)
“insure the owner named therein and any other person as operator using such motor vehicle or motor vehicles with the express or implied permission of such owner, against loss from the liability imposed by law for damage arising out of the ownership, maintenance, or use of such…”
Nat. Merchandise Co., Inc. v. United Serv. Auto. Ass'n (1981)
“Furthermore, Section 324.151(1)(a), Florida Statutes (1971), which is also part of the Financial Responsibility scheme, requires the description of all vehicles in an owner's liability policy so that they may be insured "against damage arising out of the ownership, maintenance,…”
Fischer v. State Farm Mut. Auto. Ins. (1986)
“[2] In our view, it does not necessarily follow that the Legislature intended that there be no territorial restriction of uninsured motorist coverage merely because it intentionally omitted any mention of territorial restriction in the uninsured motorist statute. Instead, we…”
Allstate Ins. Co. v. EXECUTIVE CAR AND TRUCK (1986)
“Executive does not contest the fact that they failed to shift the burden of primary insurance to the lessee.”
— 324.151(1)(b) — 3 cases
Simpson v. State (2007)
— 324.151(2) — 5 cases
Grant v. New Hampshire Ins. Co. (1993)
“151(2), Florida Statutes (1987), provides: The provisions of [section 324.151, dealing with owner or operator's motor vehicle liability policies as proof of financial responsibility] shall not be applicable to any automobile liability policy unless and until it is furnished as…”
Yakelwicz v. Barnes (1976)
Ennis v. Charter (1974)
— 324.151(l)(a) — 3 cases
Chandler v. Geico Indemnity Co. (2011)
“Geico is further distinguishable from our decision in Roth because Roth expressly relied on the Financial Responsibility Law, § 324.151(l)(a), Fla. Stat. (1969), governing insurance coverage required of owners of rental cars.”
— 324.151(l)(b) — 1 case
Angelotta v. Security National Insurance (2013)
“Based on the clear and unambiguous language of section 324.151, Security was required to insure Snyder against loss from liability imposed upon him for damages suffered by Angelotta as a result of Snyder’s negligent operation of his leased vehicle on February 28, 2008.”
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