Florida Statutes

Fla. Stat. § 627.401 (2025)

Scope of this part.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

(3) Wet marine and transportation insurance, except ss. 627.409 and 627.420.

(4) Title insurance, except ss. 627.406, 627.415, 627.416, 627.419, and 627.427.

(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.

Notes of Decisions

Cited in 31 cases (1 in the last 5 years), 1973–2021 · leading case: Prime Ins. Syndicate, Inc. v. B.J. Handley Trucking, Inc., 363 F.3d 1089 (11th Cir. 2004).

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Prime Ins. Syndicate, Inc. v. B.J. Handley Trucking, Inc., 363 F.3d 1089 (11th Cir. 2004). · cites it 4× “2 Fla. Stat. § 627.401 (2), *1092 however, provides a safe harbor for insurance contracts not delivered in Florida nor issued for delivery in Florida.”

United Auto. Ins. Co. v. Salgado, 22 So. 3d 594 (Fla. 3d DCA 2009). · cites it 4× “§ 627.401, Fla. Stat. (2003). “It is, of course, a general principle of statutory construction that the mention of one thing implies the exclusion of another; expression unius est exclusion al-terius.”

Essex Ins. Co. v. Zota, 985 So. 2d 1036 (Fla. 2008). · cites it 3× “[8] Section 627.401, Florida Statutes, the "scope of this part" provision for part II of chapter 627, does not exclude surplus-lines insurance from coverage under that portion of chapter 627.”

Nat'l Trust Ins. v. Graham Bros. Constr. Co., 916 F. Supp. 2d 1244 (M.D. Fla. 2013). · cites it 4× “Indeed, Section 627.401(2), Florida Statutes, specifically provides that “No provision of this part of this chapter applies to: (2) Policies or contracts not issued for delivery in this state nor delivered in this state, except as otherwise provided in this code.”

Blue Cross of Florida, Inc. v. Turner, 363 So. 2d 133 (Fla. 1st DCA 1978). · cites it 7× “Blue Cross claims that an award of attorney's fees was precluded by § 627.401(2) because that subsection limits the applicability of Part II of the Insurance Code, which includes § 627.”

The Equitable Life Assurance Soc'y of the United States, a Mut. Ins. Co. v. Kenneth J. MacGill, 551 F.2d 978 (5th Cir. 1977). · cites it 2× “428 (1972), 4 was made inapplicable to policies issued and delivered outside *981 Florida 5 by Fla.Stat.Ann. § 627.401 (1972). 6 In response MacGill contended that Equitable’s objection was untimely and was precluded by its failure to raise the issue prior to the appeal which…”

East Coast Ins. Co. v. Cooper, 415 So. 2d 1323 (Fla. 3d DCA 1982). · cites it 3× “[3] Section 627.401 states in pertinent part: No provision of part II of this chapter shall apply as to: .”

Monogram Prods., Inc. v. Berkowitz, 392 So. 2d 1353 (Fla. 2d DCA 1980). · cites it 2× “Monogram alleged that it and Berkowitz had agreed that Berkowitz would procure insurance coverage immediately.”

Sheehan v. Lumbermens Mut. Cas. Co., 504 So. 2d 776 (Fla. 4th DCA 1987). · cites it 4× “Section 627.401, Florida Statutes (1983), provides, in part: 627.”

Essex Ins. Co. v. Mercedes Zota, 466 F.3d 981 (11th Cir. 2006). “Fla. Stat. § 627.401 . The defendants argue that if § 627.”

US Fid. & Guar. Co. v. Murray, 671 So. 2d 812 (Fla. 4th DCA 1996). · cites it 3× “counters that section 627.401(2), Florida Statutes [1] (1993) precludes any application of section 627.”

Aetna Life Ins. Co. v. Sievert, 361 So. 2d 747 (Fla. 1st DCA 1978). “(See F.S. 627.401) The provision for ,000.00 fees is therefore deleted from the Final Judgment.”

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— 627.401(2) — 14 cases

Nat'l Trust Ins. v. Graham Bros. Constr. Co., 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 this chapter applies to: (2) Policies or contracts not issued for delivery in this state nor delivered in this state, except as otherwise provided in this code.”

Blue Cross of Florida, Inc. v. Turner, 363 So. 2d 133 (Fla. 1st DCA 1978). “Blue Cross claims that an award of attorney's fees was precluded by § 627.401(2) because that subsection limits the applicability of Part II of the Insurance Code, which includes § 627.”

East Coast Ins. Co. v. Cooper, 415 So. 2d 1323 (Fla. 3d DCA 1982). “[3] Section 627.401 states in pertinent part: No provision of part II of this chapter shall apply as to: .”

US Fid. & Guar. Co. v. Murray, 671 So. 2d 812 (Fla. 4th DCA 1996). “counters that section 627.401(2), Florida Statutes [1] (1993) precludes any application of section 627.”

Sheehan v. Lumbermens Mut. Cas. Co., 504 So. 2d 776 (Fla. 4th DCA 1987). “Section 627.401, Florida Statutes (1983), provides, in part: 627.”

— 627.401(5) — 1 case

Old Repub. Life Ins. v. Rucks, 363 So. 2d 608 (Fla. 4th DCA 1978).

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