Florida Statute 627.411 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.411

627.411 Grounds for disapproval.—

(1) The office shall disapprove any form filed under s. 627.410, or withdraw any previous approval thereof, only if the form:

(a) Is in any respect in violation of, or does not comply with, this code.

(b) Contains or incorporates by reference, where such incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses, or exceptions and conditions which deceptively affect the risk purported to be assumed in the general coverage of the contract.

(d) Is printed or otherwise reproduced in such manner as to render any material provision of the form substantially illegible.

(e) Is for residential property insurance and contains provisions that are unfair or inequitable or encourage misrepresentation.

(f) Is for health insurance, and:

1. Provides benefits that are unreasonable in relation to the premium charged.

2. Contains provisions that are unfair or inequitable or contrary to the public policy of this state or that encourage misrepresentation.

3. Contains provisions that apply rating practices that result in unfair discrimination pursuant to s. 626.9541(1)(g)2.

(g) Excludes coverage for human immunodeficiency virus infection or acquired immune deficiency syndrome or contains limitations in the benefits payable, or in the terms or conditions of such contract, for human immunodeficiency virus infection or acquired immune deficiency syndrome which are different than those which apply to any other sickness or medical condition.

(2) In determining whether the benefits are reasonable in relation to the premium charged, the office, in accordance with reasonable actuarial techniques, shall consider:

(a) Past loss experience and prospective loss experience within and without this state.

(b) Allocation of expenses.

(d) Acquisition costs.

History.—s. 460, ch. 59-205; ss. 13, 35, 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 366, 377, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 48, ch. 88-380; s. 114, ch. 92-318; s. 63, ch. 93-129; s. 1, ch. 2003-139; s. 1115, ch. 2003-261; s. 9, ch. 2005-111; s. 16, ch. 2013-101; s. 12, ch. 2016-11; s. 7, ch. 2016-194.

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Amendments to 627.411

Arrestable Offenses / Crimes under Fla. Stat. 627.411

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.411.

Annotations, Discussions, Cases:

Cases Citing Statute 627.411

Total Results: 8

Security First Ins. Co. v. Florida Office of Ins. Regulation

Court: District Court of Appeal of Florida | Date Filed: 2017-11-27

Snippet: forms violate the intent and meaning of [s]ections 627.411(a), (b), and (e), Florida Statutes” and that they

Security First Insurance Co. v. State, Office of Insurance Regulation

Court: District Court of Appeal of Florida | Date Filed: 2015-06-22

Citation: 177 So. 3d 627, 2015 Fla. App. LEXIS 9445, 2015 WL 3824166

Snippet: intent and meaning of Sections 627.411(l)(a), 627.411(l)(b), and 627.411(l)(e), Florida Statutes!, and]

UNITED INS. v. Office of Ins. Regulation

Court: District Court of Appeal of Florida | Date Filed: 2008-06-30

Citation: 985 So. 2d 665, 2008 Fla. App. LEXIS 9882, 2008 WL 2572615

Snippet: of Insurance Regulation, pursuant to sections 627.411(1)(a) and (b), Florida Statutes. The Office of

Florida Dept. of Ins. v. Guarantee Trust Life Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2002-03-06

Citation: 812 So. 2d 459, 2002 Fla. App. LEXIS 2279

Snippet: entry of declaratory judgment which held section 627.411, Florida Statutes (1997), in its entirety, unconstitutional

Allstate Indem. Co. v. Wise

Court: District Court of Appeal of Florida | Date Filed: 2001-05-30

Citation: 818 So. 2d 524, 2001 WL 574907

Snippet: authorized insurance companies in this state. See § 627.411, Fla. Stat. (2000). Instead of regulating the content

Security Mutual Life Insurance Co. of Lincoln v. Department of Insurance & State Treasurer

Court: District Court of Appeal of Florida | Date Filed: 1998-03-13

Citation: 707 So. 2d 929, 1998 Fla. App. LEXIS 2413

Snippet: Department’s enforcing existing laws, Sections 627.411(l)(c) and 626.9541(l)(a)5.,” Florida Statutes (1997)

SECURITY MUT. LIFE INS. v. Dept. of Ins.

Court: District Court of Appeal of Florida | Date Filed: 1998-03-13

Citation: 707 So. 2d 929

Snippet: Department's enforcing existing laws, Sections 627.411(1)(c) and 626.9541(1)(a)5.," Florida Statutes (1997)

Excelsior Ins. Co. v. Pomona Park Bar & Package Store

Court: Supreme Court of Florida | Date Filed: 1979-03-08

Citation: 369 So. 2d 938, 1979 Fla. LEXIS 4604

Snippet: insurance policy form which is defective under Section 627.411, Florida Statutes (1977), then Section 627.418