Florida Statute 627.409 | Lawyer Caselaw & Research

The 2024 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.

F.S. 627.409 on Google Scholar

F.S. 627.409 on Casetext

Amendments to 627.409

Arrestable Offenses / Crimes under Fla. Stat. 627.409

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.409.

Annotations, Discussions, Cases:

Cases Citing Statute 627.409

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-24T00:00:00-07:00

Snippet: of a commercial automobile policy under section 627.409, Florida Statutes. In the alternative, Petitioner

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-10T00:00:00-08:00

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

JOSE RAMOS RODRIGUEZ v. THE RESPONSIVE AUTO INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-09T00:00:00-07:00

Snippet: issued or renewed in accordance with Section 627.409, [Florida Statutes]. .... …1, 2 (Fla. 3d DCA 2006). To this end, section 627.409, Florida Statutes (2020), provides, in relevant…good faith would not have issued the policy.” § 627.409(1)(b), Fla. Stat. His affidavit was undisputed

CESAR BENITEZ v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-12T00:53:00-07:00

Snippet: under the policy provisions and section 627.409. While section 627.409 provides that an insurer may seek rescission…asserted an affirmative defense based on section 627.409, Florida Statutes (2019). The statute provides:…risk or to the hazard assumed by the insurer. § 627.409(1)(a), Fla. Stat. (2019) (emphasis added). Additionally…alternative, for summary judgment pursuant to section 627.409 based on material misrepresentations. At a hearing… it sought only to deny coverage under section 627.409 and not to rescind the policy. The trial court

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

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-18T00:53:00-07:00

Snippet: right to rescind the policy pursuant to section 627.409(1), Florida Statutes, but did not. The Homeowners…that it was intentional). Further, Section 627.409(1), (2020), Florida Statutes, provides:

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

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-02T00:53:00-07:00

Snippet: involved the application of a statute, section 627.409(1), Florida Statutes, which deals with misrepresentations…constitute misstatements within the meaning of section 627.409, Florida Statutes (1993), and therefore cannot …to contract around insurance statutes, section 627.409 was never implicated in that case, because it was

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

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-09T00:00:00-07:00

Citation: 227 So. 3d 672

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

Moustafa v. Omega Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-07T00:00:00-07:00

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

Snippet: So.2d 1, 2 (Fla. 3d DCA 2006). Indeed, section 627.409, Florida Statutes, provides in pertinent part: …respect to the hazard resulting in the loss. §• 627.409(1), Fla. Stat. (2007) (emphasis added); see also…whether to issue the policy and its terms, [section 627.409] may preclude recovery.”). We have stated that …Thé determination of materiality under section 627.409(1)(a) is generally a question of law based on “…1129 (discussing an earlier version of section 627.409, but concluding that materiality in this context

Certain Underwriters at Lloyd's London v. Jimenez

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-15T00:00:00-07:00

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

Snippet: entitled to rescission of the policy at issue. See § 627.409(1), Fla. Stat. (2007); United Auto. Ins. Co. v.…issue the policy and' its terms, [section 627.409] may preclude recovery.”); Gonzalez v. Eagle Ins

Hormaza v. Universal Property & Casualty Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-30T00:00:00-07:00

Citation: 193 So. 3d 24, 2016 Fla. App. LEXIS 4865

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

Privilege Underwriters Reciprocal Exchange v. Clark

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-31T00:00:00-07:00

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

Snippet: that, “under the policy here and under section 627.409(1), [Florida Statutes,] a misrepresentation ‘need

Gwendolyn Echo v. MGA Insurance Company, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-15T00:00:00-08:00

Citation: 157 So. 3d 507

Snippet: cancel the contract of insurance pursuant to F.S. 627.409,” which it did pursuant to the notice provided …rescission was appropriate pursuant, to section 627.409(1)(a), (b), Florida Statutes, and case law. …application, warranting rescission pursuant to section 627.409(l)(a), (b), Florida Statutes. We find that the …the contract never existed. Pursuant to section 627.409(1), Florida Statutes, an insured’s material misrepresentation…its right to void a policy pursuant to section 627.409, but found that the carrier in that case had not

Mora v. Tower Hill Prime Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-23T00:00:00-08:00

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

Snippet: condition of their home in violation of section 627.409, Florida Statutes (2007), when they submitted their…Moras appeal that summary judgment. Section 627.409 allows an insurer to forfeit coverage when an insured…respect to the hazard resulting in the loss. § 627.409(l)(a)-(b). The statute allows a policy to …issued the policy or contract.” See § 627.409(1)(a), (b). 2 It is well established…So.2d 488 (Fla. 2d DCA 1966)). Under subsection 627.409(1)(b), the insurer needs to provide an explanation

Universal Property & Casualty Insurance Co. v. Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-30T00:00:00-07:00

Citation: 114 So. 3d 1031, 2013 WL 1809639, 2013 Fla. App. LEXIS 6804

Snippet: provisions of section 627.409(1). Thus, under the policy here and under section 627.409(1), a misrepresentation…insurance contract on the authority of section 627.409(1), Florida Statutes (2007). This statute provides…arguing that Universal could not rely on section 627.409(1) because it had adopted, by virtue of the language…held that the insurance policy, and not section 627.409, was controlling. At trial, the Johnsons testified…second finding mirrors the language of section 627.409(l)(b), quoted above. Universal’s subsequent motions

Redland Insurance Co. v. CEM Site Constructors, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-09T00:00:00-07:00

Citation: 86 So. 3d 1259, 2012 WL 1605467, 2012 Fla. App. LEXIS 7294

Snippet: entitled to rescission of the policy under section 627.409(1), Florida Statutes (2008), alleging that the

Bend v. Shamrock Services

Court: Fla. Dist. Ct. App. | Date Filed: 2011-02-28T00:00:00-08:00

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

Snippet: Zenith policy was void ab initio under section 627.409(1)(a), Florida Statutes (2007), thereby precluding…specifically the denial of recovery under section 627.409(1)(a), Florida Statutes (2007), because it is otherwise…compensation carrier to obtain remedy under section 627.409(1) and retroactively avoid its responsibility to…quot;as a matter of law" in applying section 627.409(1), so as to deny workers' compensation benefits… AND WETHERELL, J., concur. NOTES [1] Section 627.409(1)(a), Florida Statutes (2007), the provision of

Mercury Insurance Co. of Florida v. Markham

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-20T00:00:00-07:00

Citation: 36 So. 3d 730, 2010 Fla. App. LEXIS 5232, 2010 WL 1542645

Snippet: of the risk by [Mercury].” Similarly, section 627.409(1), Florida Statutes (2002), authorized an insurer

United Automobile Insurance Co. v. Salgado

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-05T00:00:00-07:00

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

Snippet: to rescission is set forth in section 627.409. Section 627.409, Florida Statutes (2003), provides that…3] Specifically, section 627.409, Florida Statutes (2003), states: 627.409. Representations in applications…, the right of rescission contained in section 627.409, Florida Statutes (2003), applies to PIP insurance…under such policy so issued or renewed Fla. St. 627-409. It is also hereby agreed and understood that misrepresentation…null and void as of the effective date Fla. St. 627-409. (emphasis added). During the policy's effective

Rappaport v. PROGRESSIVE EXP. INS. CO.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-25T23:53:00-08:00

Citation: 972 So. 2d 970

Snippet: granted the motion for final summary judgment. See § 627.409, Fla. Stat. (2003); Motors Ins. Corp. v. Marino…misstatement in its application for insurance. See id. § 627.409. Progressive argued, as stated in the majority … coverage in this case on the basis of section 627.409, Florida Statutes. Subsection (1) applies to misrepresentations…the time of the application. Therefore section 627.409, Florida Statutes (2003), has no application to

Casamassina v. US Life Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-20T00:53:00-07:00

Citation: 958 So. 2d 1093

Snippet: 480 So.2d 700 (Fla. 4th DCA 1985). Under section 627.409, Florida Statutes (1997), an insurer may rescind…intentional before recovery may be denied pursuant to 627.409." Kieser v. Old Line Life Ins. Co. of Am.,… over the strict standard set forth in section 627.409(1)." GRG Transport, Inc. v. Certain Underwriters