The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.402

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.

F.S. 627.402 on Google Scholar

F.S. 627.402 on Casetext

Amendments to 627.402

Arrestable Offenses / Crimes under Fla. Stat. 627.402

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.402.

Annotations, Discussions, Cases:

Cases from cite.case.law:

INTERSTATE FIRE CASUALTY COMPANY, v. ABERNATHY, LLC,, 93 So. 3d 352 (Fla. Dist. Ct. App. 2012)

. . . issue the COI, that the COI was part of the policy, based on the definition of “policy” in section 627.402 . . . reason why an injured party could not acquire insurance coverage after the fact of the injury: 4. § 627.402 . . .

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

. . . Section 627.402 provides the following definitions: (1) “Policy” means a written contract of insurance . . . certificates as to group life or health insurance or as to group annuities issued to individual insureds. § 627.402 . . .

COUNCIL OF INSURANCE AGENTS BROKERS, v. GALLAGHER,, 287 F. Supp. 2d 1302 (N.D. Fla. 2003)

. . . countersigning agent, resident in this state, on such risk. (5)(a) All insurance policies as defined in s. 627.402 . . .

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

. . . reasoned further that the policy had in fact been delivered in Florida because the legislature, in section 627.402 . . .

HEPLER, v. ATLAS MUTUAL INSURANCE CO., 501 So. 2d 681 (Fla. Dist. Ct. App. 1987)

. . . After defining the terms “policy” and “premium” (§§ 627.402 and -.403), this part sets forth the required . . .

MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, v. OKUN,, 485 So. 2d 897 (Fla. Dist. Ct. App. 1986)

. . . Section 627.402(1) and (2), Florida Statutes (1979), which was the applicable statute at the time this . . .

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

. . . Our decision is supported by a plain reading of section 627.402, Florida Statutes (1977) which defines . . .

C. ALBURY, v. EQUITABLE LIFE ASSURANCE SOCIETY OF UNITED STATES,, 409 So. 2d 235 (Fla. Dist. Ct. App. 1982)

. . . Further, it is evident under Section 627.402(2) that delivery of a certificate is also insufficient where . . .

G. SAVIAK, v. GUNTER,, 379 So. 2d 450 (Fla. Dist. Ct. App. 1980)

. . . . — Every agent issuing or countersigning any insurance policy, as defined in s. 627.402, must maintain . . . Section 627.402, Florida Statutes (1977), referred to, reads in part as follows: “ ‘Policy’ defined.— . . .

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

. . . 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. (1) ‘Policy” means written contract of or written agreement . . . insurance contract Turner sued upon was a group disability insurance policy within the meaning of § 627.402 . . . Citing the definition of “policy” contained in § 627.402(1), he first contends that the brochure delivered . . .

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

. . . Appellee also contends that we overlooked Section 627.402 Florida Statutes (1977) in finding that the . . . section does indicate that delivery of a certificate is equivalent to delivery of the policy, Section 627.402 . . .