Florida Statutes

Fla. Stat. § 627.409 (2025)

Representations in applications; warranties.

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627.409 Representations in applications; warranties.—

(1) Any statement or description made by or on behalf of an insured or annuitant in an application for an insurance policy or annuity contract, or in negotiations for a policy or contract, is a representation and not a warranty. Except as provided in subsection (3), a misrepresentation, omission, concealment of fact, or incorrect statement may prevent recovery under the contract or policy only if any of the following apply:

(a) The misrepresentation, omission, concealment, or statement is fraudulent or is material to the acceptance of the risk or to the hazard assumed by the insurer.

(b) If the true facts had been known to the insurer pursuant to a policy requirement or other requirement, the insurer in good faith would not have issued the policy or contract, would not have issued it at the same premium rate, would not have issued a policy or contract in as large an amount, or would not have provided coverage with respect to the hazard resulting in the loss.

(2) A breach or violation by the insured of a warranty, condition, or provision of a wet marine or transportation insurance policy, contract of insurance, endorsement, or application does not void the policy or contract, or constitute a defense to a loss thereon, unless such breach or violation increased the hazard by any means within the control of the insured.

(3) For residential property insurance, if a policy or contract has been in effect for more than 90 days, a claim filed by the insured cannot be denied based on credit information available in public records.

History.—s. 458, ch. 59-205; s. 2, ch. 71-45; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 363, 377, 809(2nd), ch. 82-243; s. 79, ch. 82-386; ss. 30, 114, ch. 92-318; s. 2, ch. 2014-86.

Notes of Decisions

Cited in 194 cases (41 in the last 5 years), 1972–2026 · leading case: United Auto. Ins. Co. v. Salgado, 22 So. 3d 594 (Fla. 3d DCA 2009).

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United Auto. Ins. Co. v. Salgado, 22 So. 3d 594 (Fla. 3d DCA 2009). · cites it 21× “Because we find that, absent an express exclusion by the legislature, the right of rescission contained in section 627.409, Florida Statutes (2003), applies to PIP insurance contracts issued pursuant to the Florida Motor Vehicle No-Fault Law, we conclude that the circuit court…”

Green v. Life & Health of Am., 704 So. 2d 1386 (Fla. 1998). · cites it 14× “MATERIAL FACTS [1] In March 1991, Harold Green (Green) applied for a home health care benefits policy from respondent, Life & Health of America (Life & Health).”

Moustafa v. Omega Ins. Co., 201 So. 3d 710 (Fla. 4th DCA 2016). · cites it 7× “Indeed, section 627.409, Florida Statutes, provides in pertinent part: (1) Any statement or description made by or on behalf of an insured or annuitant in an application for an insurance policy or annuity contract, or in negotiations for a policy or contract, is a representation…”

Certain Underwriters at Lloyd's London v. Jimenez, 197 So. 3d 597 (Fla. 3d DCA 2016). · cites it 11× “3d DCA 2009) (“[W]here A misstatement • or omission materially affects the insurer’s risk, or would have changed the insurer’s decision whether to issue the policy and' its terms, [section 627.409] may preclude recovery.”); Gonzalez v.”

Gonzalez v. Eagle Ins. Co., 948 So. 2d 1 (Fla. 3d DCA 2006). · cites it 6× “Section 627.409, Florida Statutes (2005), provides as follows: (1) Any statement or description made by or on behalf of an insured or annuitant in an application for an insurance policy or annuity contract, or in negotiations for a policy or contract, is a representation and is…”

Luisa M. Fernandez v. Bankers Nat'l Life Ins. Co., 906 F.2d 559 (11th Cir. 1990). · cites it 4× “Indeed, to read Fla. Stat. § 627.409 (1) as broadly as INA urges this court to do would give insurers the power to play ‘Monday morning quarterback,’ potentially voiding all policies that prove to have been bad gambles for them, by uncovering some fact — not solicited at the…”

Great Lakes Reinsurance (uk), Plc v. Rosin, 757 F. Supp. 2d 1244 (S.D. Fla. 2010). · cites it 6× “” See Fla. Stat. § 627.409 (2). The purpose of this statute is to “prevent the insurer from avoiding coverage on a technical omission playing no part in the loss,” Pickett v.”

Universal Prop. & Cas. Ins. Co. v. Johnson, 114 So. 3d 1031 (Fla. 1st DCA 2013). · cites it 15× “, the insurer in good faith would not have issued the policy..”

Axa Equitable Life Ins. v. Infinity Fin. Grp., LLC, 608 F. Supp. 2d 1349 (S.D. Fla. 2009). · cites it 2× “Count I asserts a claim for rescission of an insurance contract due to a fraudulent misrepresentation in an application pursuant to Fla. Stat. § 627.409 . That section provides that a “misrepresentation, omission, concealment of fact, or incorrect statement” may constitute…”

Pickett v. Woods, 404 So. 2d 1152 (Fla. 5th DCA 1981). · cites it 6× “Appellant has raised several points on appeal but the only one which requires discussion is whether section 627.409(2), Florida Statutes (1979) prevents Foremost from escaping liability.”

Griffin v. Am. Gen. Life & Accident Ins. Co., 752 So. 2d 621 (Fla. 2d DCA 1999). · cites it 8× “Section 627.409, Florida Statutes (1993), permits an insurer to avoid coverage if an application contains a "misrepresentation, omission, concealment, or statement [that] is fraudulent or is material either to the acceptance of the risk or to the hazard assumed by the insurer.”

Nat'l Union Fire Ins. v. Sahlen, 807 F. Supp. 743 (S.D. Fla. 1992). · cites it 19× “and its subsidiaries is null and void, pursuant to Fla.Stat. § 627.409. The plaintiff has now moved for final summary judgment on Counts II and III of its First Amended Complaint.”

Show all 194 citing cases →

— 627.409(1) — 62 cases

Certain Underwriters at Lloyd's London v. Jimenez, 197 So. 3d 597 (Fla. 3d DCA 2016). “3d DCA 2009) (“[W]here A misstatement • or omission materially affects the insurer’s risk, or would have changed the insurer’s decision whether to issue the policy and' its terms, [section 627.409] may preclude recovery.”); Gonzalez v.”

Universal Prop. & Cas. Ins. Co. v. Johnson, 114 So. 3d 1031 (Fla. 1st DCA 2013). “, the insurer in good faith would not have issued the policy..”

Jackson Nat'l Life Ins. v. Proper, 760 F. Supp. 901 (M.D. Fla. 1991).

Swift v. North Am. Co. for Life & Health Ins., 677 F. Supp. 1145 (S.D. Fla. 1987).

Gainsco v. ECS/Choicepoint Servs., Inc., 853 So. 2d 491 (Fla. 1st DCA 2003).

— 627.409(1)(a) — 10 cases

Bend v. Shamrock Servs., 59 So. 3d 153 (Fla. 1st DCA 2011).

Moustafa v. Omega Ins. Co., 201 So. 3d 710 (Fla. 4th DCA 2016). “Indeed, section 627.409, Florida Statutes, provides in pertinent part: (1) Any statement or description made by or on behalf of an insured or annuitant in an application for an insurance policy or annuity contract, or in negotiations for a policy or contract, is a representation…”

Griffin v. Am. Gen. Life & Accident Ins. Co., 752 So. 2d 621 (Fla. 2d DCA 1999). “Section 627.409, Florida Statutes (1993), permits an insurer to avoid coverage if an application contains a "misrepresentation, omission, concealment, or statement [that] is fraudulent or is material either to the acceptance of the risk or to the hazard assumed by the insurer.”

GRG Transp., Inc. v. LLOYD'S, 896 So. 2d 922 (Fla. 3d DCA 2005).

Mora v. Tower Hill Prime Ins. Co., 155 So. 3d 1224 (Fla. 2d DCA 2015).

— 627.409(1)(b) — 10 cases

Nat'l Union Fire Ins. v. Sahlen, 807 F. Supp. 743 (S.D. Fla. 1992). “and its subsidiaries is null and void, pursuant to Fla.Stat. § 627.409. The plaintiff has now moved for final summary judgment on Counts II and III of its First Amended Complaint.”

Singer v. Nationwide Mut. Fire Ins. Co., 512 So. 2d 1125 (Fla. 4th DCA 1987).

Minnesota Mut. Life Ins. Co. v. Candelore, 416 So. 2d 1149 (Fla. 5th DCA 1982).

Mora v. Tower Hill Prime Ins. Co., 155 So. 3d 1224 (Fla. 2d DCA 2015).

— 627.409(1)(c) — 4 cases

Carter v. United of Omaha Life Ins., 685 So. 2d 2 (Fla. 1st DCA 1996).

Blue cross/blue Shield v. Mignolet, 475 So. 2d 965 (Fla. 3d DCA 1985).

Wilmington Trust Co. v. Mfrs. Life Ins., 749 F.2d 694 (11th Cir. 1985).

— 627.409(2) — 21 cases

Pickett v. Woods, 404 So. 2d 1152 (Fla. 5th DCA 1981). “Appellant has raised several points on appeal but the only one which requires discussion is whether section 627.409(2), Florida Statutes (1979) prevents Foremost from escaping liability.”

Indep. Fire Ins. Co. v. Paulekas, 633 So. 2d 1111 (Fla. 3d DCA 1994).

Great Lakes Reinsurance (uk), Plc v. Rosin, 757 F. Supp. 2d 1244 (S.D. Fla. 2010). “” See Fla. Stat. § 627.409 (2). The purpose of this statute is to “prevent the insurer from avoiding coverage on a technical omission playing no part in the loss,” Pickett v.”

US Aviation Underwriters, Inc. v. Sunray Airline, Inc., 543 So. 2d 1309 (Fla. 5th DCA 1989).

Fla. Power & Light Co. v. Foremost Ins. Co., 433 So. 2d 536 (Fla. 4th DCA 1983).

— 627.409(l)(a) — 5 cases

United Auto. Ins. Co. v. Salgado, 22 So. 3d 594 (Fla. 3d DCA 2009). “Because we find that, absent an express exclusion by the legislature, the right of rescission contained in section 627.409, Florida Statutes (2003), applies to PIP insurance contracts issued pursuant to the Florida Motor Vehicle No-Fault Law, we conclude that the circuit court…”

Bend v. Shamrock Servs., 59 So. 3d 153 (Fla. 1st DCA 2011).

Mora v. Tower Hill Prime Ins. Co., 155 So. 3d 1224 (Fla. 2d DCA 2015).

J & H Auto Trim Co., Inc. v. Bellefonte Ins. Co., 501 F. Supp. 942 (M.D. Fla. 1980).

Gwendolyn Echo v. MGA Ins. Co., Inc., 157 So. 3d 507 (Fla. 1st DCA 2015).

— 627.409(l)(b) — 3 cases

J & H Auto Trim Co., Inc. v. Bellefonte Ins. Co., 501 F. Supp. 942 (M.D. Fla. 1980).

Universal Prop. & Cas. Ins. Co. v. Johnson, 114 So. 3d 1031 (Fla. 1st DCA 2013). “, the insurer in good faith would not have issued the policy..”

Conger Life Ins. Co. v. McCawley, 452 So. 2d 596 (Fla. 5th DCA 1984).

— 627.409(l)(c) — 1 case

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