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Florida Statute 627.401 | Lawyer Caselaw & Research
F.S. 627.401 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 627.401

The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE
Chapter 627
INSURANCE RATES AND CONTRACTS
View Entire Chapter
F.S. 627.401
627.401 Scope of this part.No provision of this part of this chapter applies to:
(1) Reinsurance.
(2) Policies or contracts not issued for delivery in this state nor delivered in this state, except as otherwise provided in this code.
1(3) Wet marine and transportation insurance, except ss. 627.409 and 627.420.
1(4) Title insurance, except ss. 627.406, 627.415, 627.416, 627.419, and 627.427.
1(5) Credit life or credit disability insurance, except s. 627.419(5).
History.s. 450, ch. 59-205; s. 1, ch. 70-322; s. 1, ch. 70-371; s. 1, ch. 71-45; s. 163, ch. 73-333; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 358, 377, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318; s. 19, ch. 2023-15.
1Note.

A. Section 29, ch. 2023-15, provides that “[t]his act shall not be construed to impair any right under an insurance contract in effect on or before [March 24, 2023]. To the extent that this act affects a right under an insurance contract, this act applies to an insurance contract issued or renewed after [March 24, 2023].”

B. Section 30, ch. 2023-15, provides that “[e]xcept as otherwise expressly provided in this act, this act shall apply to causes of action filed after [March 24, 2023].”

F.S. 627.401 on Google Scholar

F.S. 627.401 on Casetext

Amendments to 627.401


Arrestable Offenses / Crimes under Fla. Stat. 627.401
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.401.



Annotations, Discussions, Cases:

Cases from cite.case.law:

LAWRENCE, v. ACE AMERICAN INSURANCE COMPANY, USAA v. ACE, 391 F. Supp. 3d 1077 (M.D. Fla. 2019)

. . . Stat § 627.401(2). . . .

LOPEZ, v. STATE FARM MUTUAL AUTOMOBILE,, 139 So. 3d 402 (Fla. Dist. Ct. App. 2014)

. . . Lopez’s claim for attorney’s fees, contending that because the policy was issued in Texas, section 627.401 . . . However, section 627.401(2) provides: No provision of this part of this chapter applies to: (2) Policies . . . Notwithstanding the unambiguous language of section 627.401(2), Lopez nonetheless seeks to avail himself . . . of Florida law is not warranted under the instant facts and based on the plain language of section 627.401 . . . Lopez alternatively maintains that if section 627.401 prevents recovery of attorney’s fees under section . . .

NATIONAL TRUST INSURANCE COMPANY, v. GRAHAM BROTHERS CONSTRUCTION COMPANY, INC. LLP,, 916 F. Supp. 2d 1244 (M.D. Fla. 2013)

. . . Indeed, Section 627.401(2), Florida Statutes, specifically provides that “No provision of this part of . . . Accordingly, Section 627.401(2) removes the Policy from the requirements of the Claims Administration . . . Co., 504 So.2d 776, 778 (Fla. 4th DCA 1987) (“[Section 627.401(2) ... limits the applicability of [Section . . .

UNITED AUTOMOBILE INSURANCE COMPANY, v. SALGADO,, 22 So. 3d 594 (Fla. Dist. Ct. App. 2009)

. . . Part II of Chapter 627, sections 627.401-627.442, is entitled “The Insurance Contract” and lays out the . . . , and 627.428. (5) Credit life or credit disability insurance, except ss. 627.419(5) and 627.428. § 627.401 . . . Part II, Chapter 627, it would have included that type of insurance in the list enumerated in section 627.401 . . . In this case, the express language of section 627.401 directly refutes Saiga-do’s position that United . . .

ESSEX INSURANCE COMPANY, v. ZOTA,, 985 So. 2d 1036 (Fla. 2008)

. . . .” §§ 627.021 (emphasis supplied), 627.401, 627.451, 627.501, 627.601, 627.676, 627.801, 627.911, 627.9403 . . . Section 627.401, Florida Statutes, the "scope of this part" provision for part II of chapter 627, does . . . See §§ 627.401-627.4302, Fla. Stat. (2003) (part II of chapter 627); but see § 627.4085, Fla. . . .

ZURICH AMERICAN INSURANCE COMPANY, a v. FRANKEL ENTERPRISES, INC. a C. B., 509 F. Supp. 2d 1303 (S.D. Fla. 2007)

. . . Section 627.401(2) excepts policies not issued or delivered in Florida. . . . One of the provisions of Part II is section 627.401(2), which limits the applicability of that section . . .

ESSEX INSURANCE COMPANY, v. ZOTA, R. A. Co., 466 F.3d 981 (11th Cir. 2006)

. . . They cite Florida Statute § 627.401 in support of their position. . . . Stat. § 627.401. . . . did apply to the whole chapter there would be no need for the legislature to include reinsurance in § 627.401 . . . to the entire chapter, it would not have included “Reinsurance” under both sections §§ 627.[021] and 627.401 . . . to apply to the entire chapter, the legislature would only have excluded joint reinsurance under § 627.401 . . .

ROYAL SURPLUS LINES INSURANCE COMPANY, v. COACHMEN INDUSTRIES, INC., 229 F.R.D. 695 (M.D. Fla. 2005)

. . . Nevertheless, section 627.401(2) plainly limits the subject provision’s scope to cases where the insurance . . .

TRAVELERS INDEMNITY COMPANY OF ILLINOIS, v. ROYAL OAK ENTERPRISES, INC. a, 359 F. Supp. 2d 1321 (M.D. Fla. 2005)

. . . Section 627.401(2) states that the provisions of Part II of chapter 627, which includes § 627.428(1), . . .

PRIME INSURANCE SYNDICATE, INC. v. B. J. HANDLEY TRUCKING, INC. d. b. a., 363 F.3d 1089 (11th Cir. 2004)

. . . . § 627.401(2), however, provides a safe harbor for insurance contracts not delivered in Florida nor . . . Stat. § 627.401(2) removes this insurance policy from the coverage of the casualty insur-anee provision . . . [S]ection 627.401(2) . . . limits the applicability of that section to policies issued for delivery or . . . Stat. § 627.401(2) and is outside the coverage of Fla. . . . Stat. § 627.401(2). . . . .

L. MATHASON, v. AMERICAN NATIONAL LIFE INSURANCE COMPANY OF TEXAS,, 855 So. 2d 261 (Fla. Dist. Ct. App. 2003)

. . . It relied on section 627.401(2), Florida Statutes (1999), which provides that no provision of this part . . .

UNITED STATES FIDELITY AND GUARANTY COMPANY, a v. A. MURRAY, C. C. J. a, 671 So. 2d 812 (Fla. Dist. Ct. App. 1996)

. . . . & G. counters that section 627.401(2), Florida Statutes (1993) precludes any application of section . . . As to U.S.F. & G.’s reliance on section 627.401(2) precluding attorney’s fees, that position might have . . .

FEDERAL DEPOSIT INSURANCE CORPORATION, v. VEREX ASSURANCE, INC., 645 So. 2d 427 (Fla. 1994)

. . . is among the types of insurance that are excluded from the scope of chapter 627, Part II by section 627.401 . . . Specifically, section 627.401 [] defines the scope of Chapter 627, Part II, which contains § 627.409, . . . apply to mortgage guaranty insurance prior to the enactment of § 635.091 would effectively rewrite § 627.401 . . . Fla.Stat. § 627.401 (1983), titled "Scope of this part,” provides: No provision of this part of this . . .

FEDERAL DEPOSIT INSURANCE CORPORATION, a v. VEREX ASSURANCE, INC., 3 F.3d 391 (11th Cir. 1993)

. . . Specifically, section 627.401 defines the scope of Chapter 627, Part II, which contains § 627.409, by . . . apply to mortgage guaranty insurance prior to the enactment of § 635.091 would effectively rewrite § 627.401 . . . Fla.Stat. § 627.401 (1983), titled "Scope of this part,” provides: No provision of this part of this . . .

PERKINS, v. A. PERKINS DRYWALL A. PERKINS DRYWALL, v. CIGNA PROPERTY AND CASUALTY COMPANIES,, 615 So. 2d 187 (Fla. Dist. Ct. App. 1993)

. . . Section 627.401, Florida Statutes (1989), provides: Scope of this part. — No provision of this part of . . .

FEDERAL DEPOSIT INSURANCE CORPORATION, a v. VEREX ASSURANCE, INC., 795 F. Supp. 404 (S.D. Fla. 1992)

. . . For example, section 627.401, titled “Scope of this part,” lists the types of insurance which are not . . . This holding is supported by several factors: First, section 627.401 did not expressly include mortgage . . .

WINDWARD TRADERS, LTD. a v. FRED S. JAMES COMPANY OF NEW YORK, INC. P. W. WINDWARD TRADERS, LTD. a v. FRED S. JAMES COMPANY OF NEW YORK, INC. P. W., 855 F.2d 814 (11th Cir. 1988)

. . . American Centennial points out that § 627.401(2) of the Florida Insurance Code states that the provisions . . . Consequently, with respect to the application of § 627.401(2), which limits the application of the Florida . . . attorney fee statute applies only to policies issued for delivery or delivered in Florida, pursuant to § 627.401 . . .

APERM OF FLORIDA, INC. v. TRANS- COASTAL MAINTENANCE COMPANY, a, 505 So. 2d 459 (Fla. Dist. Ct. App. 1987)

. . . Appellants point out that the following provision of section 627.401 governs part II of chapter 627, . . .

SHEEHAN, v. LUMBERMENS MUTUAL CASUALTY COMPANY, L. M., 504 So. 2d 776 (Fla. Dist. Ct. App. 1987)

. . . Section 627.401, Florida Statutes (1983), provides, in part: 627.401 Scope of this part — No provision . . . but argue that section 627.-726 fits within the “except as otherwise provided” language of Section 627.401 . . . One of the provisions of Part II is section 627.401(2), which limits the applicability of that section . . .

WILMINGTON TRUST COMPANY, Jr. Co- D. v. MANUFACTURERS LIFE INSURANCE COMPANY, a, 749 F.2d 694 (11th Cir. 1985)

. . . . § 627.401. Delivery has been defined as “actual physical delivery.” Celanese Coatings Co. v. . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. M. DAVELLA,, 450 So. 2d 1202 (Fla. Dist. Ct. App. 1984)

. . . See, Sections 627.401 and 627.727, Fla.Stat. (1979). . . .

EAST COAST INSURANCE COMPANY, v. F. COOPER I., 415 So. 2d 1323 (Fla. Dist. Ct. App. 1982)

. . . Section 627.401 states in pertinent part: No provision of part II of this chapter shall apply as to: . . .

MONOGRAM PRODUCTS, INC. a v. L. BERKOWITZ, d b a J. L., 392 So. 2d 1353 (Fla. Dist. Ct. App. 1980)

. . . Insurance §§ 337 38 (1971); see § 627.401, Fla.Stat. (1979). . . .

MORRISON GRAIN COMPANY, INC. a v. UTICA MUTUAL INSURANCE COMPANY, a, 632 F.2d 424 (5th Cir. 1980)

. . . Kearney in Tampa, Florida (446 F.Supp. at 417), which is sufficient to satisfy the requirement of Section 627.401 . . . Florida Statute (1977) provides in pertinent part: PART II THE INSURANCE CONTRACT ****** 627.401 Scope . . .

OLD REPUBLIC LIFE INSURANCE COMPANY, v. M. RUCKS,, 363 So. 2d 608 (Fla. Dist. Ct. App. 1978)

. . . The appellant claims that under Section 627.401(2), Florida Statutes (1975), attorney’s fees are not . . . Section 627.401(2) provides that the statute authorizing the recovery of attorney’s fees, Section 627.428 . . . However, Section 627.401(5) states that the only provision of Part II of Chapter 627 [which includes . . .

BLUE CROSS OF FLORIDA, INC. v. L. TURNER,, 363 So. 2d 133 (Fla. Dist. Ct. App. 1978)

. . . Blue Cross claims that an award of attorney’s fees was precluded by § 627.401(2) because that subsection . . . erroneous, and consequently § 627.428, allowing attorney’s fees did not apply to this case under § 627.401 . . . He notes that § 627.401(2) does not require that the policy or contract be delivered to the insured in . . . Therefore he contends that § 627.401(2) does not restrict the applicability of the attorney’s fee statute . . . The Florida Supreme Court construed § 627.401(2) in Pan-American Life Insurance Company v. . . .

AETNA LIFE INSURANCE COMPANY, v. S. SIEVERT,, 361 So. 2d 747 (Fla. Dist. Ct. App. 1978)

. . . (See F.S. 627.401) The provision for $9,000.00 fees is therefore deleted from the Final Judgment. . . .

EQUITABLE LIFE ASSURANCE SOCIETY OF UNITED STATES, a v. J., 551 F.2d 978 (5th Cir. 1977)

. . . . § 627.401 (1972). . . . Fla.Stat.Ann. § 627.401 (1972) provides in pertinent part: “627.401 Scope of part II. — No provision . . .

AETNA LIFE INSURANCE COMPANY, v. I. SMITH,, 345 So. 2d 784 (Fla. Dist. Ct. App. 1977)

. . . 1), Florida Statutes (1975), provides for an attorney’s fee in certain insurance cases, but Section 627.401 . . .

GOVERNMENT EMPLOYEES INSURANCE COMPANY, v. A. C. GROUNDS,, 311 So. 2d 164 (Fla. Dist. Ct. App. 1975)

. . . . § 627.401, Florida Statutes, provides in part as follows: “627.401 Scope of Part II. . . .

JOHNSON, v. AUTO- OWNERS INSURANCE COMPANY,, 289 So. 2d 748 (Fla. Dist. Ct. App. 1974)

. . . . § 627.401(2), F.S.A. . . .

CLEMENTS v. CONNECTICUT GENERAL LIFE INSURANCE CO., 40 Fla. Supp. 121 (Dade Cty. Cir. Ct. 1973)

. . . contends that Florida Statute §627.428 is not applicable to this case by reason of Florida Statute §627.401 . . .