Florida Statute 627.371 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 627.371

Total Results: 15

PEOPLE'S TRUST MGA, LLC v. JOSEF PESTA, INDIVIDUALLY, AND ON BEHALF OF ALL THOSE SIMILARLY SITUATED

Court: District Court of Appeal of Florida | Date Filed: 2019-09-18

Snippet: DCA 2016) (Pesta I). We explained that section 627.371, Florida Statutes (2011), provides an administrative

Fair Insurance Rates In Monroe, Inc. v. Office of Insurance Regulation

Court: District Court of Appeal of Florida | Date Filed: 2018-04-30

Snippet: letter to Citizens, requesting relief under section 627.371(1), Florida Statutes. 1 The letter stated that

People's Trust Insurance Co. v. Pesta

Court: District Court of Appeal of Florida | Date Filed: 2016-06-01

Citation: 199 So. 3d 970, 2016 WL 3088123, 2016 Fla. App. LEXIS 8332

Snippet: Insurance Regulation (OIR) pursuant to section 627.371, Florida Statutes. See Serchay v. State Farm, Florida

Patricia Asseff and Abraham Asseff v. Citizens Property Insurance, etc.

Court: District Court of Appeal of Florida | Date Filed: 2015-03-09

Citation: 159 So. 3d 327, 2015 WL 1018536

Snippet: administrative remedies provided for in section 627.371, Florida Statutes. For the reasons that follow

Serchay v. State Farm Florida Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2010-01-06

Citation: 25 So. 3d 652, 2010 Fla. App. LEXIS 27, 2010 WL 22700

Snippet: exhaust his administrative remedies under section 627.371, Florida Statutes (2007). That section provides

FCCI Insurance Co. v. NCM of Collier County, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-02-06

Citation: 15 So. 3d 5, 2009 Fla. App. LEXIS 788, 2009 WL 277090

Snippet: dispute resolution and appeals process under section 627.371, Florida Statutes (2006). We agree and grant FCCI's

Zimmerman v. State, Office of Insurance Regulation

Court: District Court of Appeal of Florida | Date Filed: 2006-12-13

Citation: 944 So. 2d 1163, 2006 Fla. App. LEXIS 20785

Snippet: Appellants that they must comply with section 627.371(1), Florida Statutes, by making a “written request

Zimmerman v. STATE, OFFICE OF INS. REG.

Court: District Court of Appeal of Florida | Date Filed: 2006-12-13

Citation: 944 So. 2d 1163

Snippet: Appellants that they must comply with section 627.371(1), Florida Statutes, by making a "written request

Progressive Express Ins. Co. v. Reaume

Court: District Court of Appeal of Florida | Date Filed: 2006-07-28

Citation: 937 So. 2d 1120, 2006 WL 2088264

Snippet: seek administrative review pursuant to section 627.371, Florida Statutes (2002). Furthermore, once administrative

State Farm Mut. Auto. v. Gibbons

Court: District Court of Appeal of Florida | Date Filed: 2003-12-05

Citation: 860 So. 2d 1050, 2003 Fla. App. LEXIS 18442, 2003 WL 22867751

Snippet: seek administrative review pursuant to section 627.371, Florida Statutes (2002). Furthermore, once administrative

Bankers Insurance Co. v. Florida Residential Property & Casualty Joint Underwriting Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1997-02-25

Citation: 689 So. 2d 1127, 1997 Fla. App. LEXIS 1411

Snippet: Insurance Commissioner in the manner provided by § 627.371, Florida Statutes. A transcript of any Appeal items

Bankers Ins. Co. v. FLA. RESIDENTIAL PROPERTY & CAS. JOINT UNDERWRITING ASS'N

Court: District Court of Appeal of Florida | Date Filed: 1997-02-25

Citation: 689 So. 2d 1127

Snippet: Insurance Commissioner in the manner provided by § 627.371, Florida Statutes. A transcript of any Appeal items

Gassner v. Caduceus Self Ins. Fund, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1988-10-26

Citation: 532 So. 2d 1133, 13 Fla. L. Weekly 2393, 1988 Fla. App. LEXIS 4691, 1988 WL 110986

Snippet: their administrative remedies pursuant to section 627.371, Florida Statutes (1985). The trial court agreed

International Patrol v. Aetna Cas. & Sur.

Court: District Court of Appeal of Florida | Date Filed: 1981-03-25

Citation: 396 So. 2d 774

Snippet: Sections 627.291, 627.371, 627.391, Florida Statutes (1977). Specifically, § 627.371(2) provides that

Florida Weld. & E. Serv., Inc. v. American Mut. Ins. Co.

Court: Supreme Court of Florida | Date Filed: 1973-11-07

Citation: 285 So. 2d 386

Snippet: Commissioner and thereafter to the district court. §§ 627.371, 627.391. The further provision of § 627.291(2)