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.

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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: District Court of Appeal of Florida | Date Filed: 2024-05-24

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2024-01-10

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: District Court of Appeal of Florida | Date Filed: 2023-08-09

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

CESAR BENITEZ v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY

Court: District Court of Appeal of Florida | Date Filed: 2022-10-12

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2021-08-18

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2021-06-02

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

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

Court: District Court of Appeal of Florida | Date Filed: 2017-08-09

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: District Court of Appeal of Florida | Date Filed: 2016-09-07

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:

Certain Underwriters at Lloyd's London v. Jimenez

Court: District Court of Appeal of Florida | Date Filed: 2016-06-15

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

Hormaza v. Universal Property & Casualty Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2016-03-30

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: District Court of Appeal of Florida | Date Filed: 2015-07-31

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: District Court of Appeal of Florida | Date Filed: 2015-02-15

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

Mora v. Tower Hill Prime Insurance Company

Court: District Court of Appeal of Florida | Date Filed: 2015-01-23

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

Universal Property & Casualty Insurance Co. v. Johnson

Court: District Court of Appeal of Florida | Date Filed: 2013-04-30

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

Snippet: insurance contract on the authority of section 627.409(1), Florida Statutes (2007). This statute provides:

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

Court: District Court of Appeal of Florida | Date Filed: 2012-05-09

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: District Court of Appeal of Florida | Date Filed: 2011-02-28

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

Mercury Insurance Co. of Florida v. Markham

Court: District Court of Appeal of Florida | Date Filed: 2010-04-20

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: District Court of Appeal of Florida | Date Filed: 2009-08-05

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

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

Rappaport v. PROGRESSIVE EXP. INS. CO.

Court: District Court of Appeal of Florida | Date Filed: 2007-12-26

Citation: 972 So. 2d 970, 2007 WL 4481439

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

Casamassina v. US Life Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 2007-06-20

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