Florida Statute 440.42 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.42

440.42 Insurance policies; liability.—

(1) Every policy or contract of insurance issued under authority of this chapter shall contain:

(a) A provision to carry out the provisions of s. 440.41; and

(b) A provision that insolvency or bankruptcy of the employer and discharge therein shall not relieve the carrier from payment of compensation for disability or death sustained by an employee during the life of such policy or contract.

(2) A workers’ compensation insurance policy may require the employer to release certain employment and wage information maintained by the state pursuant to federal and state reemployment assistance laws except to the extent prohibited or limited under federal law. By entering into a workers’ compensation insurance policy with such a provision, the employer consents to the release of the information. The insurance carrier requiring such consent shall safeguard the information and maintain its confidentiality. The carrier shall limit use of the information to verifying compliance with the terms of the workers’ compensation insurance policy. The department may charge a fee to cover the cost of disclosing the information.

(3) No contract or policy of insurance issued by a carrier under this chapter shall expire or be canceled until at least 30 days have elapsed after a notice of cancellation has been sent to the department and to the employer in accordance with the provisions of s. 440.185(6). For cancellation due to nonpayment of premium, the insurer shall mail notification to the employer at least 10 days prior to the effective date of the cancellation. However, when duplicate or dual coverage exists by reason of two different carriers having issued policies of insurance to the same employer securing the same liability, it shall be presumed that only that policy with the later effective date shall be in force and that the earlier policy terminated upon the effective date of the latter. In the event that both policies carry the same effective date, one of the policies may be canceled instanter upon filing a notice of cancellation with the department and serving a copy thereof upon the employer in such manner as the department prescribes by rule. The department may by rule prescribe the content of the notice of retroactive cancellation and specify the time, place, and manner in which the notice of cancellation is to be served.

(4) When there is any controversy as to which of two or more carriers is liable for the discharge of the obligations and duties of one or more employers with respect to a claim for compensation, remedial treatment, or other benefits under this chapter, the judge of compensation claims shall have jurisdiction to adjudicate such controversy; and if one of the carriers voluntarily or in compliance with a compensation order makes payments in discharge of such liability and it is finally determined that another carrier is liable for all or any part of such obligations and duties with respect to such claim, the carrier which has made payments either voluntarily or in compliance with a compensation order shall be entitled to reimbursement from the carrier finally determined liable, and the judge of compensation claims shall have jurisdiction to order such reimbursement; however, if the carrier finally determined liable can demonstrate that it has been prejudiced by lack of knowledge or notice of its potential liability, such reimbursement shall be only with respect to payments made after it had knowledge or notice of its potential liability.

History.—s. 42, ch. 17481, 1935; CGL 1936 Supp. 5966(41); s. 11, ch. 29778, 1955; s. 3, ch. 57-225; s. 3, ch. 59-100; s. 1, ch. 65-204; ss. 17, 35, ch. 69-106; s. 1, ch. 73-185; s. 20, ch. 75-209; s. 23, ch. 78-300; ss. 32, 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 12, ch. 91-46; s. 8, ch. 98-125; s. 10, ch. 98-174; s. 44, ch. 2002-194; s. 29, ch. 2003-412; s. 69, ch. 2012-30; s. 6, ch. 2016-56.

F.S. 440.42 on Google Scholar

F.S. 440.42 on Casetext

Amendments to 440.42

Arrestable Offenses / Crimes under Fla. Stat. 440.42

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.42.

Annotations, Discussions, Cases:

Cases Citing Statute 440.42

Total Results: 20

Babcock New Haven, LLC v. Vaheed Teimouri

Court: District Court of Appeal of Florida | Date Filed: 2024-05-03

Snippet: & Loan Ass’n of Hardee Cnty., 184 So. 2d 438, 440–42 (Fla. 2d DCA 1966))).

FLORIDA PACE FUNDING AGENCY v. PINELLAS COUNTY

Court: District Court of Appeal of Florida | Date Filed: 2024-03-27

Snippet: participate in a PACE program in the County (§§ 42-440, 42-447).

DAVID PARSONS AND MARLA PARSONS v. PATRICIA CULP

Court: District Court of Appeal of Florida | Date Filed: 2021-09-17

Snippet: holding—which the court then receded from. Id. at 440-42. "In light of the nature of the merger doctrine

City of Jacksonville v. Ratliff

Court: District Court of Appeal of Florida | Date Filed: 2017-04-13

Citation: 217 So. 3d 183, 2017 Fla. App. LEXIS 5201

Snippet: required of the section 112.18 presumption. Id. at 440-42.' Caldwell argued that the presumption of section

Edwin Vazquez v. Carlos Romero, L & R Structural etc.

Court: District Court of Appeal of Florida | Date Filed: 2015-11-08

Citation: 179 So. 3d 402

Snippet: PFB could be refiled, or .pursuant- to section 440.42(4), Florida. Statutes (2013) (conferring on the

Hall v. State

Court: Supreme Court of Florida | Date Filed: 2012-08-30

Citation: 107 So. 3d 262, 37 Fla. L. Weekly Supp. 537, 2012 Fla. LEXIS 1666, 2012 WL 3732823

Snippet: nonstatutory mitigators); Jimenez v. State, 703 So.2d 437, 440-42 (Fla.1997), receded from on other grounds by Delgado

Newick v. Webster Training Center

Court: District Court of Appeal of Florida | Date Filed: 2012-01-30

Citation: 78 So. 3d 108, 2012 Fla. App. LEXIS 1316, 2012 WL 254938

Snippet: 2d at 15. We agreed and determined that section 440.42(4), Florida Statutes, which "governs the division

Petty v. Florida Insurance Guaranty Ass'n

Court: Supreme Court of Florida | Date Filed: 2012-01-19

Citation: 80 So. 3d 313, 37 Fla. L. Weekly Supp. 34, 2012 Fla. LEXIS 72, 2012 WL 143605

Snippet: Florida Statutes (2008). Specifically, section 440.42(1), Florida Statutes (2008), provides that ”[e]very

Bend v. Shamrock Services

Court: District Court of Appeal of Florida | Date Filed: 2011-02-28

Citation: 59 So. 3d 153, 2011 Fla. App. LEXIS 2515, 2011 WL 680282

Snippet: has been properly cancelled pursuant to section 440.42(3), or whether it covers a particular individual

Braun v. Brevard County

Court: District Court of Appeal of Florida | Date Filed: 2010-09-30

Citation: 44 So. 3d 1216, 2010 Fla. App. LEXIS 14885, 2010 WL 3783441

Snippet: level as well.” Purportedly relying on section 440.42(4), Florida Statutes (2005), and citing Pearson

Staffmark v. Merrell

Court: District Court of Appeal of Florida | Date Filed: 2010-08-12

Citation: 43 So. 3d 792, 2010 Fla. App. LEXIS 12699, 2010 WL 3168130

Snippet: this, an E/C may instead find a remedy in section 440.42(4), Florida Statutes, which governs the division

Medpartners/Diagnostic Clinic Medical Group, P.A. v. Zenith Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2009-11-30

Citation: 23 So. 3d 202, 2009 Fla. App. LEXIS 18199

Snippet: begin our analysis by recognizing that section 440.42(4), Florida Statutes (2001), allows a carrier that

medpartners/diagnostic v. Zenith Ins.

Court: District Court of Appeal of Florida | Date Filed: 2009-11-30

Citation: 23 So. 3d 202

Snippet: begin our analysis by recognizing that section 440.42(4), Florida Statutes (2001), allows a carrier that

Jackson-Shaw Co. v. Jacksonville Aviation Authority

Court: Supreme Court of Florida | Date Filed: 2008-12-18

Citation: 8 So. 3d 1076, 33 Fla. L. Weekly Supp. 972, 2008 Fla. LEXIS 2398, 2008 WL 5245640

Snippet: County Water Control Dist. v. State, 604 So.2d 440, 440-42 (Fla.1992) (determining whether bonds proposed

Parrot Cove Marina v. Duncan Seawall Dock

Court: District Court of Appeal of Florida | Date Filed: 2008-02-20

Citation: 978 So. 2d 811, 2008 Fla. App. LEXIS 2224, 2008 WL 441948

Snippet: & Loan Ass'n of Hardee County, 184 So.2d 438, 440-42 (Fla. 2d DCA 1966). Based on the trial court's

State v. Busciglio

Court: District Court of Appeal of Florida | Date Filed: 2008-01-23

Citation: 976 So. 2d 15, 2008 WL 183648

Snippet: 16 (citing Berkemer v. McCarty, 468 U.S. 420, 440-42, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984)). An "interrogation"

Kopsho v. State

Court: Supreme Court of Florida | Date Filed: 2007-05-24

Citation: 959 So. 2d 168, 2007 WL 1499007

Snippet: 84-87 (2002); State v. Verhoef, 627 N.W.2d 437, 440-42 (S.D.2001); State v. Middlebrooks, 840 S.W.2d 317

Pearson v. Paradise Ford

Court: District Court of Appeal of Florida | Date Filed: 2007-02-05

Citation: 951 So. 2d 12, 2007 WL 305727

Snippet: section 440.09(1)(b) does not apply here. Section *16 440.42(4), Florida Statutes (2003),[3] not section 440

Ordones v. American Interstate Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2006-12-27

Citation: 950 So. 2d 427, 2006 Fla. App. LEXIS 21611, 2006 WL 3780780

Snippet: properly cancelled the contract under sections 440.42 and 627.4133(l)(b), Florida Statutes. The trial

City of Pembroke Pines v. Villasenor

Court: District Court of Appeal of Florida | Date Filed: 2005-01-05

Citation: 894 So. 2d 991, 2005 Fla. App. LEXIS 6, 2005 WL 17673

Snippet: for payments made after it had notice. Section 440.42, Florida Statutes, codifies a right of contribution