Florida Statute 440.42 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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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.

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Amendments to 440.42

Annotations, Discussions, Cases:

Cases Citing Statute 440.42

Total Results: 78

City of Lakeland v. Catinella

129 So. 2d 133

Supreme Court of Florida | Filed: Apr 28, 1961 | Docket: 1471372

Cited 68 times | Published

the procedure followed by Bituminous was F.S. § 440.42, F.S.A., prior to amendment in 1957, but the deputy

Bruck v. Glen Johnson, Inc.

418 So. 2d 1209

District Court of Appeal of Florida | Filed: Sep 1, 1982 | Docket: 1231486

Cited 15 times | Published

deputy's finding of "dual coverage" pursuant to Section 440.42(2), Florida Statutes, which provides that in

Broward Indus. Plating, Inc. v. Weiby

394 So. 2d 1117

District Court of Appeal of Florida | Filed: Mar 11, 1981 | Docket: 1315373

Cited 15 times | Published

of the two insurance carriers in this case. See § 440.42(3), Fla. Stat. See also Seasons v. O'Day, 379

Staffmark v. Merrell

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

District Court of Appeal of Florida | Filed: Aug 12, 2010 | Docket: 60295477

Cited 13 times | Published

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

Petty v. Florida Insurance Guaranty Ass'n

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

Supreme Court of Florida | Filed: Jan 19, 2012 | Docket: 60305694

Cited 8 times | Published

34, Florida Statutes (2008). Specifically, section 440.42(1), Florida Statutes (2008), provides that

B & L Services, Inc. v. Coach USA

791 So. 2d 1138, 2001 WL 672048

District Court of Appeal of Florida | Filed: Jun 18, 2001 | Docket: 1655769

Cited 8 times | Published

the standard for determining responsibility. Section 440.42(3), Florida Statutes (1995), provides the procedure

FLAGSHIP NAT. BK. OF BROWARD v. Hinkle

479 So. 2d 828, 10 Fla. L. Weekly 2760

District Court of Appeal of Florida | Filed: Dec 13, 1985 | Docket: 1514399

Cited 7 times | Published

Florida Statutes (1983).[2] Prior to 1979 section 440.42(3), Florida Statutes (1977), provided that

Seasons From Sarasota v. O'DAY

379 So. 2d 1024

District Court of Appeal of Florida | Filed: Feb 14, 1980 | Docket: 121267

Cited 7 times | Published

1979). Disputes between carriers are governed by § 440.42(3), Fla. Stat., which empowers the judge to divide

Pearson v. Paradise Ford

951 So. 2d 12, 2007 WL 305727

District Court of Appeal of Florida | Filed: Feb 5, 2007 | Docket: 1682615

Cited 5 times | Published

1142-43 (Fla. 1st DCA 2001), that section 440.42(3) [now section 440.42(4)] governs the division of liability

Meek v. Layne-Western Co.

566 So. 2d 31, 1990 Fla. App. LEXIS 6328, 1990 WL 120004

District Court of Appeal of Florida | Filed: Aug 16, 1990 | Docket: 547375

Cited 5 times | Published

parties have not addressed this issue on appeal. See § 440.42(3), Fla. Stat.

Sauer Indus. Contracting Inc. v. Ditch

547 So. 2d 276, 1989 WL 87561

District Court of Appeal of Florida | Filed: Aug 2, 1989 | Docket: 1475183

Cited 5 times | Published

effect of the subsequent industrial accidents. Section 440.42(3), Florida Statutes, authorizes the deputy

Atkins Const. Co. v. Wilson

509 So. 2d 1185, 12 Fla. L. Weekly 1562

District Court of Appeal of Florida | Filed: Jun 26, 1987 | Docket: 1362269

Cited 5 times | Published

claimant's disability and need for medical care. § 440.42(3), Fla. Stat. (1985); Flagship National Bank

Acme Oil v. Vasatka

465 So. 2d 1314, 10 Fla. L. Weekly 681

District Court of Appeal of Florida | Filed: Mar 15, 1985 | Docket: 1694935

Cited 5 times | Published

knowledge or notice of its potential liability. Section 440.42(3), Florida Statutes (1982). Because Self Insured

Rowe & Mitchell v. Rodgers

378 So. 2d 1281

District Court of Appeal of Florida | Filed: Jan 23, 1980 | Docket: 1794704

Cited 5 times | Published

on the same subject, are governed rather by Section 440.42(3), which provides in part: When there is any

Fireman's Fund Insurance Company v. Rich

220 So. 2d 369

Supreme Court of Florida | Filed: Mar 19, 1969 | Docket: 1727705

Cited 5 times | Published

case to decide who the carrier is. Fla. Stat. § 440.42(3) (1967), F.S.A., allows the Industrial Commission

Iowa National Mutual Insurance Co. v. Webb

174 So. 2d 21

Supreme Court of Florida | Filed: Apr 14, 1965 | Docket: 222145

Cited 5 times | Published

right to claim reimbursement therefor. See Section 440.42(3) and City of Lakeland v. Catinella, Fla.

Jeffrey's Steel v. CONIBEAR EQUIPMENT, INC.

854 So. 2d 268, 2003 WL 22103457

District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 1459837

Cited 4 times | Published

Claimant formally sought benefits. Finally, section 440.42(3), Florida Statutes, controls the division

Grand Bay Hotel v. Guerra

605 So. 2d 134, 1992 WL 206380

District Court of Appeal of Florida | Filed: Aug 28, 1992 | Docket: 1343667

Cited 4 times | Published

claim against the Employer/F.I.G.A. pursuant to F.S. 440.42. American Mutual/F.I.G.A. asserted as their defense

Cruise Quality Painting v. Paige

564 So. 2d 1190, 1990 WL 102727

District Court of Appeal of Florida | Filed: Jul 23, 1990 | Docket: 1689031

Cited 4 times | Published

Relevant to the resolution of this issue is Section 440.42(3), Florida Statutes (1987), which provides

Structural Systems, Inc. v. Worthen

463 So. 2d 502, 10 Fla. L. Weekly 374, 1985 Fla. App. LEXIS 12321

District Court of Appeal of Florida | Filed: Feb 11, 1985 | Docket: 448891

Cited 4 times | Published

for reimbursement, under the provisions of Section 440.42(3), Florida Statutes, from the first e/c for

US Elec. Co. v. Sisk Elec. Service, Inc.

417 So. 2d 738

District Court of Appeal of Florida | Filed: Jul 14, 1982 | Docket: 1382880

Cited 4 times | Published

voluntarily compensated claimant, pursuant to Section 440.42, Florida Statutes, at the rate of $190.00 per

Bend v. Shamrock Services

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

District Court of Appeal of Florida | Filed: Feb 28, 2011 | Docket: 2362780

Cited 3 times | Published

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

Custom Architectural Metals v. Bradshaw

623 So. 2d 804, 1993 WL 328430

District Court of Appeal of Florida | Filed: Aug 30, 1993 | Docket: 1183730

Cited 3 times | Published

509 So.2d 1185, 1187 (Fla. 1st DCA 1987); Section 440.42(3), Florida Statutes. As a general rule, a

Hayward Trucking v. Aetna Ins. Co.

466 So. 2d 437, 10 Fla. L. Weekly 896

District Court of Appeal of Florida | Filed: Apr 9, 1985 | Docket: 1524928

Cited 3 times | Published

02(18), Florida Statutes (1977), similarly). Section 440.42(3), Florida Statutes (1981), authorizes the

Neff v. Britto

404 So. 2d 416

District Court of Appeal of Florida | Filed: Oct 8, 1981 | Docket: 1783292

Cited 3 times | Published

condition and Section 440.42(3), Florida Statutes (1977), is the relevant statute. Under Section 440.42(3), the

US Home Corp. v. Parker

404 So. 2d 170

District Court of Appeal of Florida | Filed: Sep 29, 1981 | Docket: 1783373

Cited 3 times | Published

Northwestern and Mr. Schoch. We recognize that § 440.42(3), Fla. Stat. (1977), permits the Deputy to determine

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

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

District Court of Appeal of Florida | Filed: Nov 30, 2009 | Docket: 60282002

Cited 2 times | Published

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

medpartners/diagnostic v. Zenith Ins.

23 So. 3d 202

District Court of Appeal of Florida | Filed: Nov 30, 2009 | Docket: 1657553

Cited 2 times | Published

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

University of Miami v. Dansky

622 So. 2d 613, 1993 WL 303109

District Court of Appeal of Florida | Filed: Aug 12, 1993 | Docket: 547024

Cited 2 times | Published

reimbursement from the University pursuant to section 440.42(3), Florida Statutes (1991). The University

CNA Ins. Co. v. Kemper Ins. Co.

596 So. 2d 81, 1992 Fla. App. LEXIS 1448, 1992 WL 25814

District Court of Appeal of Florida | Filed: Feb 13, 1992 | Docket: 1295802

Cited 2 times | Published

509 So.2d 1185, 1187 (Fla. 1st DCA 1987); Section 440.42(3), Florida Statutes. As a general rule, a

SKIP'S SHOES & WESTERN BOOTS v. Green

578 So. 2d 439, 1991 WL 60025

District Court of Appeal of Florida | Filed: Apr 18, 1991 | Docket: 440618

Cited 2 times | Published

compensation benefits, after the October 1987 injury. Section 440.42(3), Florida Statutes, provides that [w]hen

FERNANDINA BEACH v. Sch. Bd.

488 So. 2d 871

District Court of Appeal of Florida | Filed: May 13, 1986 | Docket: 1225127

Cited 2 times | Published

disability and medical benefits due before MMI. Section 440.42(3) then permits the carrier paying such benefits

Intern. Piling v. Am. Nat. Fire Ins. Co.

345 So. 2d 761, 1977 Fla. App. LEXIS 15395

District Court of Appeal of Florida | Filed: Apr 7, 1977 | Docket: 1477959

Cited 2 times | Published

statute. Appellant asserts that Florida Statute § 440.42(3) (1967) defines and limits the judicial authority

HANDY MAN/KNEP, INC. v. Weinstein

802 So. 2d 1186, 2002 WL 10243

District Court of Appeal of Florida | Filed: Jan 4, 2002 | Docket: 1698723

Cited 1 times | Published

liability between multiple employers/carriers under section 440.42(3)." Id. at 1143. Consistent with the first

Roz Fischer's Beauty Unlimited v. Mathis

644 So. 2d 127, 1994 WL 561876

District Court of Appeal of Florida | Filed: Oct 17, 1994 | Docket: 1672136

Cited 1 times | Published

Travelers' claim for reimbursement pursuant to section 440.42, Florida Statutes, for medical and other benefits

City of Hollywood v. Pisseri

504 So. 2d 1262, 11 Fla. L. Weekly 2379

District Court of Appeal of Florida | Filed: Nov 13, 1986 | Docket: 453615

Cited 1 times | Published

his earlier accident. Further, pursuant to Section 440.42(3), Florida Statutes, Hartford filed a claim

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

179 So. 3d 402

District Court of Appeal of Florida | Filed: Nov 8, 2015 | Docket: 3011062

Published

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

Newick v. Webster Training Center

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

District Court of Appeal of Florida | Filed: Jan 30, 2012 | Docket: 2360117

Published

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

Braun v. Brevard County

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

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 60295551

Published

C4-5 level as well.” Purportedly relying on section 440.42(4), Florida Statutes (2005), and citing Pearson

City of Pembroke Pines v. Villasenor

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

District Court of Appeal of Florida | Filed: Jan 5, 2005 | Docket: 64836248

Published

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

ITT Hartford v. Cleary

737 So. 2d 567, 1999 Fla. App. LEXIS 7558, 1999 WL 371355

District Court of Appeal of Florida | Filed: Jun 9, 1999 | Docket: 64789438

Published

disputes between a carrier and an employer under section 440.42(3), Florida Statutes (1967). Therefore, the

Special Disability Trust Fund v. Meyer USA

721 So. 2d 421, 1998 Fla. App. LEXIS 14998, 1998 WL 827757

District Court of Appeal of Florida | Filed: Nov 30, 1998 | Docket: 64784541

Published

that the second carrier was entitled under section 440.42(3), Flori-da Statutes (1987), to contributions

Associated Industries Insurance v. Federal Insurance Co.

707 So. 2d 880, 1998 Fla. App. LEXIS 2143, 1998 WL 93940

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 64779704

Published

contribution, reimbursement, and/or exoneration under section 440.42(3), Florida Statutes (1991), denying any responsibility

Murphy v. Northeast Drywall

692 So. 2d 918, 1997 Fla. App. LEXIS 2731, 1997 WL 131605

District Court of Appeal of Florida | Filed: Mar 25, 1997 | Docket: 64773083

Published

parties should be aware of the provisions of section 440.42(3), Florida Statutes (1993), and section 440

Eastern Airlines v. Planet-Reliance Insurance Co.

695 So. 2d 732, 1996 Fla. App. LEXIS 10315, 1996 WL 511520

District Court of Appeal of Florida | Filed: Sep 11, 1996 | Docket: 64774269

Published

noted the argument by North River that because Section 440.42(3), Florida Statutes — the statute which provides

Cushman Fruit & Claims v. Cushman Fruit

644 So. 2d 576, 1994 Fla. App. LEXIS 9946, 1994 WL 562282

District Court of Appeal of Florida | Filed: Oct 17, 1994 | Docket: 64751794

Published

granting a claim for reimbursement pursuant to section 440.42(2), Florida Statutes (1991). We affirm the

Luttrell v. Roger Holler Chevrolet

625 So. 2d 921, 1993 WL 408225

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 1517600

Published

industrial accidents, pursuant to the provisions of Section 440.42(3), Florida Statutes (1989). In Hayward Trucking

Curtis-Hale, Inc. v. Geltz

610 So. 2d 558, 1992 Fla. App. LEXIS 12336, 1992 WL 355437

District Court of Appeal of Florida | Filed: Dec 4, 1992 | Docket: 64692810

Published

raised in Peninsular was whether, pursuant to section 440.42(2), Florida Statutes (1969) (which is substantively

Marriott Hotel v. Restrepo

603 So. 2d 674, 1992 Fla. App. LEXIS 8924, 1992 WL 194119

District Court of Appeal of Florida | Filed: Aug 17, 1992 | Docket: 64669306

Published

reimbursement and apportionment from Wausau under Section 440.-42(3), Florida Statutes (1989).1 The JCC concluded

Copeland Steel Erectors v. McCollom

587 So. 2d 658, 1991 Fla. App. LEXIS 10407, 1991 WL 210486

District Court of Appeal of Florida | Filed: Oct 21, 1991 | Docket: 64662320

Published

equally contribute to resulting conditions. Section 440.42(3) Florida Statutes authorizes the Judge of

Lawrence v. O.B. Cannon & Sons, Inc.

579 So. 2d 812, 1991 Fla. App. LEXIS 4401, 1991 WL 75559

District Court of Appeal of Florida | Filed: May 9, 1991 | Docket: 64658799

Published

liability between the carriers, pursuant to Section 440.42(3), Florida Statutes. See, Hayward Trucking

Hoy v. Florida Farm Bureau Insurance Co.

578 So. 2d 2, 1991 Fla. App. LEXIS 849, 1991 WL 11644

District Court of Appeal of Florida | Filed: Feb 6, 1991 | Docket: 64658045

Published

necessary for it to notify Hoy pursuant to section 440.42, Florida Statutes (1983). It was not necessary

Employers Self Insurers Fund & Claims Center v. Torres

565 So. 2d 395, 1990 Fla. App. LEXIS 6234, 1990 WL 115526

District Court of Appeal of Florida | Filed: Aug 9, 1990 | Docket: 64652116

Published

cancellation of insurance coverage required pursuant to § 440.42(2), Fla.Stat. Due to the improper notice of cancellation

Forklifts of Central Florida v. Beringer

560 So. 2d 1362, 1990 Fla. App. LEXIS 3254, 1990 WL 61938

District Court of Appeal of Florida | Filed: May 9, 1990 | Docket: 64650370

Published

determination of liability, as required by section 440.42(3). AFFIRMED. WENTWORTH and WIGGINTON, JJ„

Travelers Insurance Co. v. Nettles

528 So. 2d 1290

District Court of Appeal of Florida | Filed: Aug 2, 1988 | Docket: 64636222

Published

occurrence of the claimant’s industrial injury. Section 440.42(2), Florida Statutes, (1983), disallows the

City of Miami Beach v. Garabedian

511 So. 2d 670, 12 Fla. L. Weekly 1915, 1987 Fla. App. LEXIS 9836

District Court of Appeal of Florida | Filed: Aug 7, 1987 | Docket: 64628979

Published

(carrier 2) sought reimbursement, pursuant to section 440.42(3), Florida Statutes, from the carrier on the

Ardmore Farms v. Smith

504 So. 2d 483, 12 Fla. L. Weekly 802, 1987 Fla. App. LEXIS 7297

District Court of Appeal of Florida | Filed: Mar 20, 1987 | Docket: 64626009

Published

carriers and request for reimbursement pursuant to section 440.42(3). Based on medical testimony that 90% of

Young v. Travelers Insurance Co.

496 So. 2d 232, 11 Fla. L. Weekly 2258, 1986 Fla. App. LEXIS 10323

District Court of Appeal of Florida | Filed: Oct 28, 1986 | Docket: 64622374

Published

August notice of cancellation to deny coverage. Section 440.42(2), Florida Statutes, provides that: No contract

McRae Fire Protection v. McRae

493 So. 2d 1105, 11 Fla. L. Weekly 1944, 1986 Fla. App. LEXIS 9635

District Court of Appeal of Florida | Filed: Sep 11, 1986 | Docket: 64621523

Published

policy with the later effective date, citing section 440.42(2), Florida Statutes (1985). We disagree. There

Acme Oil Co. v. State Farm Insurance Co.

496 So. 2d 150, 11 Fla. L. Weekly 1748, 1986 Fla. App. LEXIS 9259

District Court of Appeal of Florida | Filed: Aug 12, 1986 | Docket: 64622337

Published

benefits from State Farm Insurance Company under Section 440.42(3), Florida Statutes (1981). We reverse. This

City of Fernandina Beach v. School Board of Nassau County

488 So. 2d 871, 11 Fla. L. Weekly 1103, 1986 Fla. App. LEXIS 7780

District Court of Appeal of Florida | Filed: May 13, 1986 | Docket: 64619494

Published

disability and medical benefits due before MMI. Section 440.-42(3) then permits the carrier paying such benefits

Blue Cross & Blue Shield of Florida v. Greater Miami Hebrew Academy

484 So. 2d 64, 11 Fla. L. Weekly 547, 1986 Fla. App. LEXIS 6696

District Court of Appeal of Florida | Filed: Mar 3, 1986 | Docket: 64617722

Published

dismissing its claim for reimbursement pursuant to Section 440.42(3), Florida Statutes (1979), for lack of jurisdiction

Blue Cross & Blue Shield of Florida v. Greater Miami Hebrew Academy

484 So. 2d 64, 11 Fla. L. Weekly 547, 1986 Fla. App. LEXIS 6696

District Court of Appeal of Florida | Filed: Mar 3, 1986 | Docket: 64617722

Published

dismissing its claim for reimbursement pursuant to Section 440.42(3), Florida Statutes (1979), for lack of jurisdiction

Florida Insurance Guaranty Ass'n v. Fibercon Industries, Inc.

491 So. 2d 566, 1986 Fla. App. LEXIS 5873

District Court of Appeal of Florida | Filed: Jan 7, 1986 | Docket: 64620670

Published

determinative factor in placing liability under Section 440.42(3) is whether the second compensable accident

Flagship National Bank of Broward County v. Hinkle

479 So. 2d 828, 10 Fla. L. Weekly 2760, 1985 Fla. App. LEXIS 17297

District Court of Appeal of Florida | Filed: Dec 13, 1985 | Docket: 64616058

Published

15(5)(a), Florida Statutes (1983).2 Prior to 1979 section 440.-42(3), Florida Statutes (1977), provided that

Daniel v. Holmes Lumber Co.

471 So. 2d 60, 10 Fla. L. Weekly 1109, 1985 Fla. App. LEXIS 13846

District Court of Appeal of Florida | Filed: May 1, 1985 | Docket: 64612645

Published

for adjustment of claims between carriers. Section 440.42(3), Florida Statutes (1977), provides in part:

Miami Elevator Co./Florida Power Corp. v. Jones

460 So. 2d 503, 9 Fla. L. Weekly 2578, 1984 Fla. App. LEXIS 16144

District Court of Appeal of Florida | Filed: Dec 11, 1984 | Docket: 64608630

Published

would be subject to the reimbursement terms of § 440.42(3). The appeal in this case is from an order determining

Insurance Co. of North America v. Sunrise Catering

447 So. 2d 431, 1984 Fla. App. LEXIS 12387

District Court of Appeal of Florida | Filed: Mar 22, 1984 | Docket: 64603724

Published

cancellation or expiration of a policy as set out in section 440.42(2) shall be mailed to the division in accordance

Florida Farm Bureau Casualty Co. v. United States Fidelity & Guaranty Co.

404 So. 2d 837, 1981 Fla. App. LEXIS 21282

District Court of Appeal of Florida | Filed: Oct 14, 1981 | Docket: 64585521

Published

purported to be effective July 1, 1978, pursuant to Section 440.42(2), USF&G’s notice of termination was effective

Auto-Owners Insurance Co. v. American States Insurance Co.

402 So. 2d 560, 1981 Fla. App. LEXIS 20854

District Court of Appeal of Florida | Filed: Aug 21, 1981 | Docket: 64584679

Published

investigate the accident promptly. Applying Section 440.42(3) F.S. (1978) the commissioner placed the

Hall v. T.C. Saffold Paving Service

397 So. 2d 725, 1981 Fla. App. LEXIS 19266

District Court of Appeal of Florida | Filed: Apr 14, 1981 | Docket: 64582197

Published

indicates *727that American Casualty complied with Section 440.42(2) and 440.185(7) but there is no evidence

Allstate Insurance v. Nabinger

394 So. 2d 1079, 1981 Fla. App. LEXIS 19593

District Court of Appeal of Florida | Filed: Mar 5, 1981 | Docket: 64580818

Published

workers’ compensation insurance in accordance with § 440.42(2), Florida Statutes, the policy was in effect

State Farm Fire & Casualty Co. v. Argonaut Insurance

379 So. 2d 970, 1979 Fla. App. LEXIS 16334

District Court of Appeal of Florida | Filed: Dec 6, 1979 | Docket: 64574239

Published

the later .effective date shall be in force. Section 440.42(2), Fla.Stat. The record in this instance,

St. Paul Fire & Marine Insurance v. Manpower, Inc.

348 So. 2d 10, 1977 Fla. App. LEXIS 15770

District Court of Appeal of Florida | Filed: Jun 10, 1977 | Docket: 64559541

Published

then commenced an action against Shell under Section 440.42, Florida Statutes (1975), contending that Shell

PENINSULAR FIRE INSURANCE COMPANY v. King

282 So. 2d 672, 1973 Fla. App. LEXIS 7583

District Court of Appeal of Florida | Filed: Aug 23, 1973 | Docket: 1656935

Published

effect at the time of the accident. We agree. Section 440.42(2), Florida Statutes, F.S.A., provides that

Johnston v. State ex rel. Carter

213 So. 2d 435, 1968 Fla. App. LEXIS 5131

District Court of Appeal of Florida | Filed: Jul 30, 1968 | Docket: 64506497

Published

Rather, it concerned the interpretation of Section 440.42(2), Florida Statutes, F.S.A., and its application

Overholser Construction Co. v. Porter

173 So. 2d 697

Supreme Court of Florida | Filed: Oct 21, 1964 | Docket: 64492660

Published

to the claim Venning and Ward, pursuant to Section 440.42, Florida Statutes, F.S.A., asserted that the

Security Insurance Co. of New Haven v. King

124 So. 2d 129

Supreme Court of Florida | Filed: Nov 9, 1960 | Docket: 60195918

Published

can-celled in accordance with the requirements of § 440.42(2), Florida Statutes, F.S.A. He cites ample authority

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.