Florida Statute 627.409 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.409

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.

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Amendments to 627.409

Annotations, Discussions, Cases:

Cases Citing Statute 627.409

Total Results: 40

Continental Assur. Co. v. Carroll

485 So. 2d 406, 11 Fla. L. Weekly 62

Supreme Court of Florida | Filed: Feb 13, 1986 | Docket: 1275862

Cited 52 times | Published

Continental moved for a directed verdict based on section 627.409, Florida Statutes (1981), and Life Insurance

William Penn Life Insurance Company of New York v. James Sands

912 F.2d 1359, 1990 U.S. App. LEXIS 16804, 1990 WL 128219

Court of Appeals for the Eleventh Circuit | Filed: Sep 25, 1990 | Docket: 998088

Cited 32 times | Published

for the policy ... or otherwise. Fla.Stat. § 627.409(1) (1985); see Continental Assurance Co

National Union Fire Insurance Company Of Pittsburgh, Pa. v. Harold F. Sahlen

999 F.2d 1532, 1993 U.S. App. LEXIS 22405

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 1993 | Docket: 529689

Cited 16 times | Published

following provision of Florida law, Fla.Stat. § 627.409(1): 6 (1) All statements

Gonzalez v. Eagle Ins. Co.

948 So. 2d 1, 2006 Fla. App. LEXIS 14719, 2006 WL 2520655

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 1773668

Cited 13 times | Published

Corp., 868 So.2d 593, 594 (Fla. 2d DCA 2004). Section 627.409, Florida Statutes (2005), provides as follows:

United Automobile Insurance Co. v. Salgado

22 So. 3d 594, 2009 Fla. App. LEXIS 10733, 2009 WL 2382408

District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 1639652

Cited 11 times | Published

legislature, the right of rescission contained in section 627.409, Florida Statutes (2003), applies to PIP insurance

Swift v. North American Co. for Life & Health Insurance

677 F. Supp. 1145, 1987 U.S. Dist. LEXIS 13091, 1987 WL 34791

District Court, S.D. Florida | Filed: Mar 19, 1987 | Docket: 1181853

Cited 10 times | Published

disease. III. APPLICABLE LEGAL STANDARDS Fla.Stat. § 627.409(1) establishes the following criteria for an insured's

Griffin v. AMERICAN GENERAL LIFE AND ACCIDENT INS. CO.

752 So. 2d 621, 1999 WL 1015149

District Court of Appeal of Florida | Filed: Nov 10, 1999 | Docket: 1279977

Cited 7 times | Published

statute regulating misrepresentation, now at section 627.409, supplanted prior case law applying "continued

Kieser v. OLD LINE LIFE INS. CO.

712 So. 2d 1261, 23 Fla. L. Weekly 1724, 1998 Fla. App. LEXIS 8711, 1998 WL 399633

District Court of Appeal of Florida | Filed: Jul 20, 1998 | Docket: 1737340

Cited 5 times | Published

a matter of law, recovery was precluded by section 627.409, Florida Statutes (1987). We affirm. Appellant

Steele v. Jackson Nat. Life Ins. Co.

691 So. 2d 525, 1997 Fla. App. LEXIS 3072, 1997 WL 137279

District Court of Appeal of Florida | Filed: Mar 27, 1997 | Docket: 1423826

Cited 5 times | Published

application contained material misrepresentations. See § 627.409, Fla. Stat. (1985).[1] *527 Steele filed his second

Abrams v. General Insurance Co., Inc.

460 So. 2d 572, 10 Fla. L. Weekly 69

District Court of Appeal of Florida | Filed: Dec 18, 1984 | Docket: 1761387

Cited 5 times | Published

states that there appears to be a violation of section 627.409, Florida Statutes (1981), and then proceeds

Laboss Transportation Services, Inc. v. Global Liberty Insurance Co. of New York

208 F. Supp. 3d 1268, 2016 U.S. Dist. LEXIS 130500, 2016 WL 5338077

District Court, S.D. Florida | Filed: Sep 23, 2016 | Docket: 64310367

Cited 4 times | Published

the hazard resulting in the loss. Fla. Stat. § 627.409(1); see also Fresh Supermarket Foods, Inc. v.

Moustafa v. Omega Insurance Co.

201 So. 3d 710, 2016 Fla. App. LEXIS 13474

District Court of Appeal of Florida | Filed: Sep 7, 2016 | Docket: 60257049

Cited 3 times | Published

948 So.2d 1, 2 (Fla. 3d DCA 2006). Indeed, section 627.409, Florida Statutes, provides in pertinent part:

Privilege Underwriters Reciprocal Exchange v. Clark

174 So. 3d 1028, 2015 Fla. App. LEXIS 11577, 2015 WL 4577340

District Court of Appeal of Florida | Filed: Jul 31, 2015 | Docket: 60250247

Cited 3 times | Published

held that, “under the policy here and under section 627.409(1), [Florida Statutes,] a misrepresentation

Bend v. Shamrock Services

59 So. 3d 153, 2011 Fla. App. LEXIS 2515, 2011 WL 680282

District Court of Appeal of Florida | Filed: Feb 28, 2011 | Docket: 2362780

Cited 3 times | Published

the Zenith policy was void ab initio under section 627.409(1)(a), Florida Statutes (2007), thereby precluding

GRG Transport, Inc. v. LLOYD'S

896 So. 2d 922, 2005 WL 478385

District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 1683550

Cited 3 times | Published

argues that the strict standard set forth in section 627.409(1), Florida Statutes (2003), is inapplicable

Gainsco v. ECS/Choicepoint Services, Inc.

853 So. 2d 491, 2003 Fla. App. LEXIS 11386, 2003 WL 21729253

District Court of Appeal of Florida | Filed: Jul 28, 2003 | Docket: 1660241

Cited 3 times | Published

upon a misinterpretation of the effect of section 627.409(1), Florida Statutes, and that there are disputed

Simmons v. Conseco Life Insurance

170 F. Supp. 2d 1215, 2001 U.S. Dist. LEXIS 16796, 2001 WL 1426634

District Court, M.D. Florida | Filed: Apr 23, 2001 | Docket: 2247460

Cited 3 times | Published

respect to the hazard resulting in the loss. § 627.409(1), Fla. Stat. Pursuant to the Florida statute

Green v. Life & Health of America

692 So. 2d 220, 1997 WL 163017

District Court of Appeal of Florida | Filed: Apr 9, 1997 | Docket: 435530

Cited 2 times | Published

favor of Life & Health finding that, under section 627.409, Florida Statutes (1993), an insurance company

Federal Deposit Insurance v. Verex Assurance, Inc.

3 F.3d 391

Court of Appeals for the Eleventh Circuit | Filed: Oct 1, 1993 | Docket: 64014573

Cited 2 times | Published

Finally, FDIC contends that Florida Statutes section 627.-409 did not govern mortgage guaranty insurance

Certain Underwriters at Lloyd's London v. Jimenez

197 So. 3d 597, 2016 Fla. App. LEXIS 9231, 2016 WL 3265750

District Court of Appeal of Florida | Filed: Jun 15, 2016 | Docket: 3078617

Cited 1 times | Published

entitled to rescission of the policy at issue. See § 627.409(1), Fla. Stat. (2007); United Auto. Ins. Co. v

Laboss Transportation Services, Inc. v. Global Liberty Insurance Co.

188 F. Supp. 3d 1320, 2016 U.S. Dist. LEXIS 69207, 2016 WL 3017213

District Court, S.D. Florida | Filed: May 26, 2016 | Docket: 64308979

Cited 1 times | Published

the hazard resulting in the loss. Fla. Stat. § 627.409(1). “Even unintentional misrepresentations or

Gwendolyn Echo v. MGA Insurance Company, Inc.

157 So. 3d 507

District Court of Appeal of Florida | Filed: Feb 15, 2015 | Docket: 2634483

Cited 1 times | Published

cancel the contract of insurance pursuant to F.S. 627.409,” which it did pursuant to the notice provided

Mora v. Tower Hill Prime Insurance Company

155 So. 3d 1224, 2015 Fla. App. LEXIS 812, 2015 WL 292007

District Court of Appeal of Florida | Filed: Jan 23, 2015 | Docket: 2627247

Cited 1 times | Published

the condition of their home in violation of section 627.409, Florida Statutes (2007), when they submitted

Granada Insurance Company v. Yordalis Lopez, Pedro Martinez Fernandez, Nicholas Joseph Byrd, and Angela Jean Jackson

District Court of Appeal of Florida | Filed: May 24, 2024 | Docket: 68561963

Published

recission of a commercial automobile policy under section 627.409, Florida Statutes. In the alternative, Petitioner’s

All X-Ray Diag. Serv. Corp., a/a/o Susel Martinez Morejon v. United Automobile Insurance Company

District Court of Appeal of Florida | Filed: Jan 10, 2024 | Docket: 68149059

Published

SCALES, JJ. PER CURIAM. Affirmed. See § 627.409, Fla. Stat. (2017) (providing, inter alia, that

JOSE RAMOS RODRIGUEZ v. THE RESPONSIVE AUTO INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Aug 9, 2023 | Docket: 67604697

Published

issued or renewed in accordance with Section 627.409, [Florida Statutes]. ....

Travelers Property Casualty Company of America v. Ocean Reef Charters LLC

Court of Appeals for the Eleventh Circuit | Filed: Jun 23, 2023 | Docket: 66655398

Published

Argued: Dec 16, 2022

the insured.’” Id. at 32 (quoting Fla. Stat. § 627.409(2)). USCA11 Case: 21-14509 Document:

CESAR BENITEZ v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Oct 12, 2022 | Docket: 65417138

Published

Insurer asserted an affirmative defense based on section 627.409, Florida Statutes (2019). The statute provides:

JERMAINE NEMBHARD AND DONNETTE NEMBHARD v. UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199061

Published

its right to rescind the policy pursuant to section 627.409(1), Florida Statutes, but did not. The Homeowners

ANCHOR PROPERTY & CASUALTY INSURANCE COMPANY v. ALEX TRIF and GEORGE TRIF

District Court of Appeal of Florida | Filed: Jun 2, 2021 | Docket: 59954660

Published

Johnson involved the application of a statute, section 627.409(1), Florida Statutes, which deals with misrepresentations

Travelers Property Casualty Company of America v. Ocean Reef Charters LLC

Court of Appeals for the Eleventh Circuit | Filed: May 6, 2021 | Docket: 59887025

Published

they were unrelated to the loss. See Fla. Stat. § 627.409(2) (“A breach . . . does not void the policy

Priority Medical Rehabilitation Inc. v. United Automobile Insurance Co.

227 So. 3d 672

District Court of Appeal of Florida | Filed: Aug 9, 2017 | Docket: 6135185

Published

liability was barred under Florida Statute Section 627.409 (2004) because the son had not been listed

Hormaza v. Universal Property & Casualty Insurance Co.

193 So. 3d 24, 2016 Fla. App. LEXIS 4865, 2016 WL 1239623

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 60255670

Published

PER CURIAM. Affirmed. See § 627.409(1), Fla. Stat. (2011); Nationwide Mut. Fire Ins, Co. v. Kramer,

Rappaport v. PROGRESSIVE EXP. INS. CO.

972 So. 2d 970, 2007 WL 4481439

District Court of Appeal of Florida | Filed: Dec 26, 2007 | Docket: 1158536

Published

granted the motion for final summary judgment. See § 627.409, Fla. Stat. (2003); Motors Ins. Corp. v. Marino

Federal Deposit Insurance Corp. v. Verex Assurance, Inc.

645 So. 2d 427, 19 Fla. L. Weekly Supp. 593, 1994 Fla. LEXIS 1813

Supreme Court of Florida | Filed: Nov 17, 1994 | Docket: 64752230

Published

the final issue— whether Verex can rely on section 627.409, Florida Statutes (Supp.1982),1 to prevent

National Union Fire Insurance v. Sahlen

999 F.2d 1532, 1993 WL 313361

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 1993 | Docket: 66285009

Published

following provision of Florida law, Fla.Stat. § 627.409(1): (1) All statements and descriptions in any

Pettegrove Truck Service, Inc. v. Transportation Casualty Insurance Co.

553 So. 2d 234, 14 Fla. L. Weekly 2635, 1989 Fla. App. LEXIS 6401, 1989 WL 152678

District Court of Appeal of Florida | Filed: Nov 15, 1989 | Docket: 64646766

Published

final judgment, which we have affirmed, tracks section 627.-409(l)(c), Florida Statutes (1987), the applicability

Windward Traders, Ltd. v. Fred S. James & Co. of New York

855 F.2d 814, 1988 WL 91334

Court of Appeals for the Eleventh Circuit | Filed: Sep 22, 1988 | Docket: 66238222

Published

stipulated that Florida substantive law applies. Section 627.409(2) of the Florida Insurance Code provides that:

Home Guaranty Insurance v. Numerica Financial Services, Inc.

835 F.2d 1354

Court of Appeals for the Eleventh Circuit | Filed: Jan 19, 1988 | Docket: 66231311

Published

HGIC proceeded under Fla.Stat. § 627.409(1) (1985) (“Section 627.409”), which states: (1) All statements

Continental Assurance Co. v. Carroll

485 So. 2d 406, 11 Fla. L. Weekly 62, 1986 Fla. LEXIS 1645

Supreme Court of Florida | Filed: Feb 13, 1986 | Docket: 64618176

Published

Continental moved for a directed verdict based on section 627.409, Florida Statutes (1981), and Life Insurance