CopyCited 24 times | Published | Court of Appeals for the Eleventh Circuit | 2004 U.S. App. LEXIS 5504, 2004 WL 575102
...ters, Fioretti v.
Mass. Gen. Life Ins. Co.,
53 F.3d 1228, 1236 (11th Cir. 1995), unless a statute
modifies or abrogates a choice-of-law rule. Brown v. Case,
86 So. 684, 685 (Fla.
1920).
The appellants contend that Fla. Stat. §§
627.428,
627.4135 abrogate the
common-law lex loci contractus rule in this case....
...§
627.428.
The appellants claim that even if Fla. Stat. §
627.428 does not cover the
insurance policy, this insurance contract is a “contract of casualty insurance”5 and
Florida’s attorneys’ fees laws apply to actions regarding casualty insurance. See
Fla. Stat. §
627.4135 (“All contracts of casualty insurance covering subjects
resident, located, or to be performed in this state shall be subject to the applicable
4
The defendants contend that actual physical delivery in another state i...
...nsurance provision. Sheehan v.
Lumbermens Mut. Cas. Co.,
504 So. 2d 776, 778 (Fla. Dist. Ct. App. 1987)
(holding that “[t]he trial court found that since Ms. Feldman was located in Florida
at the time of the accident, section 627.726 [currently section
627.4135] was
controlling....
...limits the applicability
of that section to policies issued for delivery or delivered in the state.”).
Because this insurance policy falls within the coverage of the safe harbor
provision of Fla. Stat. §
627.401(2) and is outside the coverage of Fla. Stat. §§
627.428,
627.4135, lex loci contractus governs the substantive issues of the
contract....
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CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2013 WL 1441294, 2013 Fla. App. LEXIS 5729, 38 Fla. L. Weekly Fed. D 820
...As Citizens does not assert that the conformance clauses in its policies should be interpreted as requiring amendments only when the policy "con-diets” with statutes within the Insurance Code, we proceed on the assumption that the policies must be amended to conform with any conflicting statute, regardless of its locale. . Section 627.4135, Florida Statutes (2005), requires that all contents of casualty insurance covering property in this State "shall be subject to the applicable provisions of this part [i.e., Chapter 627] and to the other applicable provisions of this code.” The "Code” refers to the Florida Insurance Code....
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CopyCited 2 times | Published | District Court, M.D. Florida | 2013 WL 68580, 2013 U.S. Dist. LEXIS 1363
...on Statute, Section
627.426(2), and thus, National Trust is not estopped from asserting its late notice defense. See Sheehan v. Lumbermens Mut. Cas. Co.,
504 So.2d 776, 778 (Fla. 4th DCA 1987) (“[Section
627.401(2) ... limits the applicability of [Section
627.4135] to policies issued for delivery or delivered in the state.”)....
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CopyPublished | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 69529, 2007 WL 2719095
...[4] In Paragraph 16 of DE 10, Defendants admit that Zurich issued a policy to HWI Global Properties, Inc. Of New York, New York a commercial general liability insurance policy, No. GLO XXXXXXX-XX [5] Section 627.726 of the Florida Statutes was renumbered as Section 627.4135....
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