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The 2025 Florida Statutes
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F.S. 627.371627.371 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 627.371
Total Results: 22
904 F.3d 1314
Court of Appeals for the Eleventh Circuit | Filed: Sep 24, 2018 | Docket: 7922367
Cited 93 times | Published
noncompliance, including by adjusting the premium, id. § 627.371(2). Furthermore, whenever an insurer wishes to
285 So. 2d 386
Supreme Court of Florida | Filed: Nov 7, 1973 | Docket: 2531648
Cited 28 times | Published
basis for administrative review under subsequent § 627.371, the language of which is generally the same,
396 So. 2d 774
District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 2512049
Cited 12 times | Published
627.391, Florida Statutes (1977). Specifically, § 627.371(2) provides that if the Department of Insurance
396 So. 2d 774
District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 2512049
Cited 12 times | Published
627.391, Florida Statutes (1977). Specifically, § 627.371(2) provides that if the Department of Insurance
678 F. Supp. 2d 1273, 2009 U.S. Dist. LEXIS 124235, 2009 WL 5342768
District Court, S.D. Florida | Filed: Nov 23, 2009 | Docket: 2338187
Cited 10 times | Published
(Fla. 2d DCA 2006). Moreover, Florida Statute § 627.371(1) creates a detailed process for challenging
689 So. 2d 1127
District Court of Appeal of Florida | Filed: Feb 25, 1997 | Docket: 1739342
Cited 9 times | Published
Insurance Commissioner in the manner provided by § 627.371, Florida Statutes. A transcript of any Appeal
77 F. Supp. 3d 1202, 2015 U.S. Dist. LEXIS 8315
District Court, S.D. Florida | Filed: Jan 6, 2015 | Docket: 64299804
Cited 8 times | Published
afforded her or him.” Fla. Stat. § 627.371. ASIC maintains that section 627.371 provides the exclusive provides
716 F. Supp. 2d 1176, 2010 U.S. Dist. LEXIS 55642
District Court, M.D. Florida | Filed: Jun 3, 2010 | Docket: 2404395
Cited 8 times | Published
exhaust its administrative remedies under Section 627.371, Florida Statutes, before suing on Count II
937 So. 2d 1120, 2006 WL 2088264
District Court of Appeal of Florida | Filed: Jul 28, 2006 | Docket: 1513143
Cited 7 times | Published
to seek administrative review pursuant to section 627.371, Florida Statutes (2002). Furthermore, once
15 So. 3d 5, 2009 Fla. App. LEXIS 788, 2009 WL 277090
District Court of Appeal of Florida | Filed: Feb 6, 2009 | Docket: 1660706
Cited 5 times | Published
dispute resolution and appeals process under section 627.371, Florida Statutes (2006). We agree and grant
860 So. 2d 1050, 2003 Fla. App. LEXIS 18442, 2003 WL 22867751
District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 454612
Cited 5 times | Published
to seek administrative review pursuant to section 627.371, Florida Statutes (2002). Furthermore, once
532 So. 2d 1133, 13 Fla. L. Weekly 2393, 1988 Fla. App. LEXIS 4691, 1988 WL 110986
District Court of Appeal of Florida | Filed: Oct 26, 1988 | Docket: 2529269
Cited 4 times | Published
their administrative remedies pursuant to section 627.371, Florida Statutes (1985). The trial court agreed
25 So. 3d 652, 2010 Fla. App. LEXIS 27, 2010 WL 22700
District Court of Appeal of Florida | Filed: Jan 6, 2010 | Docket: 1194733
Cited 3 times | Published
exhaust his administrative remedies under section 627.371, Florida Statutes (2007). That section provides
944 So. 2d 1163
District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 1156977
Cited 2 times | Published
advising Appellants that they must comply with section 627.371(1), Florida Statutes, by making a "written
347 F. Supp. 2d 1231, 2004 U.S. Dist. LEXIS 25088, 2004 WL 2735533
District Court, M.D. Florida | Filed: Sep 15, 2004 | Docket: 2294346
Cited 2 times | Published
policy.
The Florida Supreme Court found that Section 627.371, Florida Statutes, provides an "adequate basis
199 So. 3d 970, 2016 WL 3088123, 2016 Fla. App. LEXIS 8332
District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 60256679
Cited 1 times | Published
of Insurance Regulation (OIR) pursuant to section 627.371, Florida Statutes. See Serchay v. State Farm
District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211763
Published
4th DCA 2016) (Pesta
I). We explained that section 627.371, Florida Statutes (2011), provides
an administrative
District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379299
Published
letter
to Citizens, requesting relief under section 627.371(1), Florida
Statutes. 1 The letter stated that
94 F. Supp. 3d 1293, 2015 U.S. Dist. LEXIS 35792, 2015 WL 1311482
District Court, S.D. Florida | Filed: Mar 23, 2015 | Docket: 64301174
Published
regulated insurance premiums under Fla. Stat. § 627.371, prohibiting misrepresentations regarding policy
159 So. 3d 327, 2015 WL 1018536
District Court of Appeal of Florida | Filed: Mar 9, 2015 | Docket: 2640372
Published
the administrative remedies provided for in section 627.371, Florida Statutes. For the reasons that follow
944 So. 2d 1163, 2006 Fla. App. LEXIS 20785
District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 64848322
Published
advising Appellants that they must comply with section 627.371(1), Florida Statutes, by making a “written
689 So. 2d 1127, 1997 Fla. App. LEXIS 1411
District Court of Appeal of Florida | Filed: Feb 25, 1997 | Docket: 64771785
Published
Insurance Commissioner in the manner provided by § 627.371, Florida Statutes. A transcript of any Appeal
