The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.371

627.371 Hearings.—

(1) Any person aggrieved by any rate charged, rating plan, rating system, or underwriting rule followed or adopted by an insurer, and any person aggrieved by any rating plan, rating system, or underwriting rule followed or adopted by a rating organization, may herself or himself or by her or his authorized representative make written request of the insurer or rating organization to review the manner in which the rate, plan, system, or rule has been applied with respect to insurance afforded her or him. If the request is not granted within 30 days after it is made, the requester may treat it as rejected. Any person aggrieved by the refusal of an insurer or rating organization to grant the review requested, or by the failure or refusal to grant all or part of the relief requested, may file a written complaint with the office, specifying the grounds relied upon. If the office has already disposed of the issue as raised by a similar complaint or believes that probable cause for the complaint does not exist or that the complaint is not made in good faith, it shall so notify the complainant. Otherwise, and if it also finds that the complaint charges a violation of this chapter and that the complainant would be aggrieved if the violation is proven, it shall proceed as provided in subsection (2).

(2) If after examination of an insurer, rating organization, advisory organization, or group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance, upon the basis of other information, or upon sufficient complaint as provided in subsection (1), the office has good cause to believe that such insurer, organization, group, or association, or any rate, rating plan, or rating system made or used by any such insurer or rating organization, does not comply with the requirements and standards of this part applicable to it, it shall, unless it has good cause to believe such noncompliance is willful, give notice in writing to such insurer, organization, group, or association stating therein in what manner and to what extent noncompliance is alleged to exist and specifying therein a reasonable time, not less than 10 days thereafter, in which the noncompliance may be corrected, including any premium adjustment.

(3) If the office has good cause to believe that such noncompliance is willful or if, within the period prescribed by the office in the notice required by subsection (2), the insurer, organization, group, or association does not make such changes as may be necessary to correct the noncompliance specified by the office or establish to the satisfaction of the office that such specified noncompliance does not exist, then the office is required to proceed to further determine the matter. If no notice has been given as provided in subsection (2), the notice shall state in what manner and to what extent noncompliance is alleged to exist. The proceedings shall not consider any subject not specified in the notice required by subsections (2) and (3).

History.—s. 447, ch. 59-205; s. 20, ch. 67-9; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 78-95; ss. 2, 3, ch. 81-318; ss. 355, 357, 809(2nd), ch. 82-243; ss. 49, 79, ch. 82-386; s. 114, ch. 92-318; s. 5, ch. 93-289; s. 322, ch. 97-102; s. 1109, ch. 2003-261.

F.S. 627.371 on Google Scholar

F.S. 627.371 on Casetext

Amendments to 627.371

Arrestable Offenses / Crimes under Fla. Stat. 627.371

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.371.

Annotations, Discussions, Cases:

Cases from cite.case.law:

PATEL, v. SPECIALIZED LOAN SERVICING, LLC, L. v., 904 F.3d 1314 (11th Cir. 2018)

. . . . § 627.371(2). . . . Stat. § 627.371(1) (emphasis added); cf. Int'l Patrol & Detective Agency Co. v. Aetna Cas. & Sur. . . . Stat. § 627.371 is complete, "the exclusive jurisdiction for judicial review is the District Court of . . .

PEOPLE S TRUST INSURANCE COMPANY, v. PESTA,, 199 So. 3d 970 (Fla. Dist. Ct. App. 2016)

. . . premium that must first be addressed with the Office of Insurance Regulation (OIR) pursuant to section 627.371 . . . Section 627.371 provides an administrative remedy with OIR for “[a]ny person aggrieved by any rate charged . . . , rating plan, rating system, or underwriting rule followed or adopted by an insurer.” § 627.371(1), . . .

LYONS, D. v. LITTON LOAN SERVICING LP, LLC, LLC, d b a, 158 F. Supp. 3d 211 (S.D.N.Y. 2016)

. . . . § 627.371. . . .

MONTOYA, XI v. PNC BANK, N. A., 94 F. Supp. 3d 1293 (S.D. Fla. 2015)

. . . . § 627.371, prohibiting misrepresentations regarding policy terms in § 626.9541(l)(a), false statements . . . Stat. §§ 627.371, 626.9541(l)(a), (b), and (e) — do not provide for a private right of action against . . .

ASSEFF v. CITIZENS PROPERTY INSURANCE, a, 159 So. 3d 327 (Fla. Dist. Ct. App. 2015)

. . . 2010), in concluding that they failed to exhaust the administrative remedies provided for in section 627.371 . . . Such a claim finds its remedy in section 627.371. . . . See §§ 627.371; 627.041(1). . . . See § 627.371(2). . . . Second, Serchay expressly held that Section 627.371 applies to a premium discount. . . .

WILSON, A. v. EYERBANK, N. A., 77 F. Supp. 3d 1202 (S.D. Fla. 2015)

. . . . § 627.371. . . . ASIC maintains that section 627.371 provides the exclusive provides the exclusive manner of challenging . . . Thus, § 627.371 would not apply.” Montoya v. PNC Bank, N.A., 2014 WL 4248208, at *6 (S.D.Fla. . . . See also Abels, 678 F.Supp.2d at 1278 (rejecting application of section 627.371 where plaintiffs did . . .

D. CANNON, v. WELLS FARGO BANK N. A., 917 F. Supp. 2d 1025 (N.D. Cal. 2013)

. . . jurisdiction doctrine because [t]he [Florida] OIR only regulates insurance companies, and Florida Statute [§ ] 627.371 . . .

CONTINENTAL CASUALTY COMPANY, v. FIRST FINANCIAL EMPLOYEE LEASING, INC., 716 F. Supp. 2d 1176 (M.D. Fla. 2010)

. . . premium rate adjustment, Defendant was required to exhaust its administrative remedies under Section 627.371 . . . Section 627.371 provides an administrative procedure and remedy for an insured who is “aggrieved by any . . . Stat. § 627.371(1). . . . Stat. § 627.371(2) & (3). In Florida Welding & Erection Serv., Inc. v. American Mut. Ins. . . . Second, Serchay expressly held that Section 627.371 applies to a premium discount. . . .

SERCHAY, v. STATE FARM FLORIDA INSURANCE COMPANY, a, 25 So. 3d 652 (Fla. Dist. Ct. App. 2010)

. . . State Farm alleged that the plaintiff failed to exhaust his administrative remedies under section 627.371 . . . Such a claim finds its remedy in section 627.371. . . . See §§ 627.371; 627.041(1). . . . See § 627.371(2). . . . (emphasis added) Our application of section 627.371 to the plaintiffs action here is consistent with . . .

ABELS v. JPMORGAN CHASE BANK, N. A., 678 F. Supp. 2d 1273 (S.D. Fla. 2009)

. . . Moreover, Florida Statute § 627.371(1) creates a detailed process for challenging an insurance rate, . . . The OIR only regulates insurance companies, and Florida Statute 627.371 only applies when a person challenges . . .

FCCI INSURANCE COMPANY, v. NCM OF COLLIER COUNTY, INC., 15 So. 3d 5 (Fla. Dist. Ct. App. 2009)

. . . ] appears to have an adequate basis for administrative review under ... s. 627.371.... ” Id. at 389. . . . Welding, this challenge should have first been raised administratively under section 627.371. . . . While it is true that section 627.371(1) provides that a party aggrieved by the rates charged “may file . . . premiums must avail itself of the administrative dispute resolution and appeals process under section 627.371 . . . faith calculation of the premiums but has not exhausted its administrative remedies pursuant to section 627.371 . . . The insurer filed a motion to dismiss for failure to exhaust administrative remedies under section 627.371 . . . appropriate where a party has failed to first exhaust his or her administrative remedies [under section 627.371 . . .

ZIMMERMAN, W. D. v. STATE OFFICE OF INSURANCE REGULATION,, 944 So. 2d 1163 (Fla. Dist. Ct. App. 2006)

. . . OIR responded by letter on June 24, 2005, advising Appellants that they must comply with section 627.371 . . . See § 627.371(1), Fla. Stat. (2005). . . . Thus, we cannot proceed as provided by Section 627.371(2), Florida Statutes. . . .

PROGRESSIVE EXPRESS INSURANCE COMPANY, a v. REAUME,, 937 So. 2d 1120 (Fla. Dist. Ct. App. 2006)

. . . on a purported violation of section 627.0651, is to seek administrative review pursuant to section 627.371 . . . Section 627.371(1) further provides as follows: Any person aggrieved by any rate charged, rating plan . . .

AMERICAN HOME ASSURANCE CO. a v. THE PHINEAS CORP. a, 347 F. Supp. 2d 1231 (M.D. Fla. 2004)

. . . The Florida Supreme Court found that Section 627.371, Florida Statutes, provides an “adequate basis for . . .

STATE FARM MUTUAL AUTOMOBILE, v. GIBBONS,, 860 So. 2d 1050 (Fla. Dist. Ct. App. 2003)

. . . on a purported violation of section 627.0651, is to seek administrative review pursuant to section 627.371 . . .

BANKERS INSURANCE COMPANY, v. FLORIDA RESIDENTIAL PROPERTY CASUALTY JOINT UNDERWRITING ASSOCIATION, AIB, 689 So. 2d 1127 (Fla. Dist. Ct. App. 1997)

. . . relief is denied by the Board may appeal to the Insurance Commissioner in the manner provided by § 627.371 . . .

F. GASSNER, v. CADUCEUS SELF INSURANCE FUND, INC., 532 So. 2d 1133 (Fla. Dist. Ct. App. 1988)

. . . counts, claiming appellants had failed to exhaust their administrative remedies pursuant to section 627.371 . . . Appellants have appealed that order, claiming that section 627.371 is inapplicable. . . .

INTERNATIONAL PATROL AND DETECTIVE AGENCY, INC. v. AETNA CASUALTY SURETY COMPANY, 396 So. 2d 774 (Fla. Dist. Ct. App. 1981)

. . . Sections 627.291, 627.371, 627.391, Florida Statutes (1977). . . . Specifically, § 627.371(2) provides that if the Department of Insurance finds that the alleged noncompliance . . .

FLORIDA WELDING ERECTION SERVICE, INC. a v. AMERICAN MUTUAL INSURANCE COMPANY OF BOSTON, a, 285 So. 2d 386 (Fla. 1973)

. . . . §§ 627.371, 627.391. . . . the premium charged, appears to have an adequate basis for administrative review under subsequent § 627.371 . . . Section 627.371 expressly refers to a review and appeal by “any person aggrieved by any rate charged . . .