Florida Statutes
Fla. Stat. § 627.402 (2025)
Definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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627.402 Definitions.—As used in this part, the term:
(1) “Grandfathered health plan” has the same meaning as provided in 42 U.S.C. s. 18011, subject to the conditions for maintaining status as a grandfathered health plan specified in regulations adopted by the federal Department of Health and Human Services in 45 C.F.R. s. 147.140.
(2) “Nongrandfathered health plan” is a health insurance policy or health maintenance organization contract that is not a grandfathered health plan and does not provide the benefits or coverages specified under s. 627.6513(1)-(14).
(3) “Policy” means a written contract of insurance or written agreement for or effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements, and papers that are a part thereof. The term “certificate” as used in this subsection does not include certificates as to group life or health insurance or as to group annuities issued to individual insureds.
(4) “PPACA” means the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, and regulations adopted pursuant to those acts.
History.—s. 451, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 359, 377, 809(2nd), ch. 82-243; s. 79, ch. 82-386; ss. 28, 114, ch. 92-318; s. 14, ch. 2013-101; s. 6, ch. 2016-194.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 1978–2025 · leading case: Interstate Fire & Cas. Co. v. Abernathy, 93 So. 3d 352 (Fla. 1st DCA 2012).
Interstate Fire & Cas. Co. v. Abernathy, 93 So. 3d 352 (Fla. 1st DCA 2012). “§ 627.402, Fla. Stat., defines “policy” as “a written contract of insurance or written agreement for or effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements, and papers which are a part thereof.”
Blue Cross of Florida, Inc. v. Turner, 363 So. 2d 133 (Fla. 1st DCA 1978). “" Blue Cross contends in its petition here that Turner is entitled to an attorney's fee award only if the certificate delivered to him constitutes a "policy" within the meaning of § 627.402. That section provides: "627.402 Policy defined.”
Aetna Life Ins. Co. v. Sievert, 361 So. 2d 747 (Fla. 1st DCA 1978). “" Appellee also contends that we overlooked Section 627.402 Florida Statutes (1977) in finding that the subject policy was not delivered in this state.”
East Coast Ins. Co. v. Cooper, 415 So. 2d 1323 (Fla. 3d DCA 1982). “Our decision is supported by a plain reading of section 627.402, Florida Statutes (1977) which defines "policy": (1) `Policy' means written contract of or written agreement for or effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses,…”
Aperm of Fla., Inc. v. Trans-Coastal Maint. Co., 505 So. 2d 459 (Fla. 4th DCA 1987). “The Cooper court reasoned further that the policy had in fact been delivered in Florida because the legislature, in section 627.402, Florida Statutes, defines policy as either the actual contract or a certificate of that contract, excluding certificates, issued to individuals,…”
Hepler v. Atlas Mut. Ins. Co., 501 So. 2d 681 (Fla. 1st DCA 1987). “After defining the terms "policy" and "premium" (§§ 627.402 and -.403), this part sets forth the required contents of the policy.”
Albury v. Equitable Life Assur. Soc. of US, 409 So. 2d 235 (Fla. 1st DCA 1982). “Further, it is evident under Section 627.402(2) that delivery of a certificate is also insufficient where a group policy is involved.”
Mut. Life Ins. Co. of New York v. Okun, 485 So. 2d 897 (Fla. 4th DCA 1986). “Section 627.402(1) and (2), Florida Statutes (1979), which was the applicable statute at the time this cause of action accrued.”
High Definition Mobile Mri, Inc. a/a/o Louima Susette v. State Farm Mut. Auto. Ins. Co. (Fla. 4th DCA 2021). “” § 627.402(1), Fla. Stat. (2012). This definition does not require that an endorsement be listed on the Declarations Page.”
State Farm Mut. Auto. Ins. Co. v. Taylor (M.D. Fla. 2025). “” § 627.402(3), Fla. Stat. (2024). Defendants also rely on the opinion of an unreported Eleventh Circuit decision, in which the panel ruled that a certificate of insurance that named an entity entitled the entity to coverage even though the policy did not identify the entity as…”
Mathason v. Am. Nat'l Life Ins. Co. of Texas, 855 So. 2d 261 (Fla. 4th DCA 2003). “” Section 627.402 provides the following definitions: (1) “Policy” means a written contract of insurance or written agreement for or effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements, and papers which are a…”
Saviak v. Gunter, 379 So. 2d 450 (Fla. 3d DCA 1980). “” Section 627.402, Florida Statutes (1977), referred to, reads in part as follows: “ ‘Policy’ defined.”
— 627.402(1) — 4 cases
Blue Cross of Florida, Inc. v. Turner, 363 So. 2d 133 (Fla. 1st DCA 1978). “" Blue Cross contends in its petition here that Turner is entitled to an attorney's fee award only if the certificate delivered to him constitutes a "policy" within the meaning of § 627.402. That section provides: "627.402 Policy defined.”
Mut. Life Ins. Co. of New York v. Okun, 485 So. 2d 897 (Fla. 4th DCA 1986). “Section 627.402(1) and (2), Florida Statutes (1979), which was the applicable statute at the time this cause of action accrued.”
High Definition Mobile Mri, Inc. a/a/o Louima Susette v. State Farm Mut. Auto. Ins. Co. (Fla. 4th DCA 2021). “” § 627.402(1), Fla. Stat. (2012). This definition does not require that an endorsement be listed on the Declarations Page.”
Mathason v. Am. Nat'l Life Ins. Co. of Texas, 855 So. 2d 261 (Fla. 4th DCA 2003). “” Section 627.402 provides the following definitions: (1) “Policy” means a written contract of insurance or written agreement for or effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements, and papers which are a…”
— 627.402(2) — 2 cases
Blue Cross of Florida, Inc. v. Turner, 363 So. 2d 133 (Fla. 1st DCA 1978). “" Blue Cross contends in its petition here that Turner is entitled to an attorney's fee award only if the certificate delivered to him constitutes a "policy" within the meaning of § 627.402. That section provides: "627.402 Policy defined.”
Albury v. Equitable Life Assur. Soc. of US, 409 So. 2d 235 (Fla. 1st DCA 1982). “Further, it is evident under Section 627.402(2) that delivery of a certificate is also insufficient where a group policy is involved.”
— 627.402(3) — 1 case
State Farm Mut. Auto. Ins. Co. v. Taylor (M.D. Fla. 2025). “” § 627.402(3), Fla. Stat. (2024). Defendants also rely on the opinion of an unreported Eleventh Circuit decision, in which the panel ruled that a certificate of insurance that named an entity entitled the entity to coverage even though the policy did not identify the entity as…”
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