Florida Statutes
Fla. Stat. § 627.408 (2025)
Application as evidence.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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627.408 Application as evidence.—
(1) An application for the issuance of any life or health insurance policy or annuity contract is not admissible in evidence in an action relative to the policy or contract unless a true copy of the application was attached to or otherwise made a part of the policy or contract when issued.
(2) After reinstatement or renewal of a policy of insurance delivered or issued for delivery in this state, the insured may, in writing, request from the insurer a copy of the original application, or the application for renewal or reinstatement, if any. The insured or the beneficiary or assignee of a life or health insurance policy may request the application. Within 30 days after receiving the request, the insurer must deliver or mail a legible copy of the application to the person requesting it. If the request is made by a beneficiary, the 30-day period does not begin to run until after receipt of evidence satisfactory to the insurer of the beneficiary’s vested interest in the policy or contract.
History.—s. 457, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 362, 377, 809(2nd), ch. 82-243; s. 79, ch. 82-386; ss. 29, 114, ch. 92-318.
Notes of Decisions
Cited in 2
cases, 1996–1996 · leading case: Cna Intern. Reinsurance Co. v. Phoenix, 678 So. 2d 378 (Fla. 1st DCA 1996).
Cna Intern. Reinsurance Co. v. Phoenix, 678 So. 2d 378 (Fla. 1st DCA 1996). “We also reject the contention that § 627.408(1), Fla. Stat., required the medical certificate to be attached to the policy.”
Maccri v. First Colony Life Ins., 944 F. Supp. 881 (M.D. Fla. 1996). “Sweet is inadmissible as evidence pursuant to § 627.408 and § 627.452 of the Florida Statutes.”
— 627.408(1) — 1 case
Cna Intern. Reinsurance Co. v. Phoenix, 678 So. 2d 378 (Fla. 1st DCA 1996). “We also reject the contention that § 627.408(1), Fla. Stat., required the medical certificate to be attached to the policy.”
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