|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 627.4147627.4147 Medical malpractice insurance contracts.—(1) In addition to any other requirements imposed by law, each self-insurance policy as authorized under s. 627.357 or s. 624.462 or insurance policy providing coverage for claims arising out of the rendering of, or the failure to render, medical care or services, including those of the Florida Medical Malpractice Joint Underwriting Association, shall include:(a) A clause requiring the insured to cooperate fully in the review process prescribed under s. 766.106 if a notice of intent to file a claim for medical malpractice is made against the insured. (b)1. A clause clearly stating whether or not the insured has the exclusive right to veto any offer of admission of liability and for arbitration pursuant to s. 766.106, settlement offer, or offer of judgment if the offer is within policy limits. An insurer or self-insurer shall not make or conclude, without the permission of the insured, any offer of admission of liability and for arbitration pursuant to s. 766.106, settlement offer, or offer of judgment, if such offer is outside the policy limits. However, any offer for admission of liability and for arbitration made under s. 766.106, settlement offer, or offer of judgment made by an insurer or self-insurer shall be made in good faith and in the best interest of the insured. 2. If the policy contains a clause stating the insured does not have the exclusive right to veto any offer or admission of liability and for arbitration made pursuant to s. 766.106, settlement offer, or offer of judgment, the insurer or self-insurer shall provide to the insured or the insured’s legal representative by certified mail, return receipt requested, a copy of the final offer of admission of liability and for arbitration made pursuant to s. 766.106, settlement offer, or offer of judgment and at the same time such offer is provided to the claimant. A copy of any final agreement reached between the insurer and claimant shall also be provided to the insured or his or her legal representative by certified mail, return receipt requested, not more than 10 days after affecting such agreement. (c) A clause requiring the insurer or self-insurer to notify the insured no less than 90 days prior to the effective date of cancellation of the policy or contract and, in the event of a determination by the insurer or self-insurer not to renew the policy or contract, to notify the insured no less than 90 days prior to the end of the policy or contract period. If cancellation or nonrenewal is due to nonpayment or loss of license, 10 days’ notice is required. (d) A clause requiring the insurer or self-insurer to notify the insured no less than 60 days prior to the effective date of a rate increase. The provisions of s. 627.4133 shall apply to such notice and to the failure of the insurer to provide such notice to the extent not in conflict with this section. (2) Each insurer covered by this section may require the insured to be a member in good standing, i.e., not subject to expulsion or suspension, of a duly recognized state or local professional society of health care providers which maintains a medical review committee. No professional society shall expel or suspend a member solely because he or she participates in a health maintenance organization licensed under part I of chapter 641. (3) This section shall apply to all policies issued or renewed after October 1, 2003. History.—ss. 6, 44, ch. 85-175; s. 5, ch. 86-287; s. 114, ch. 92-318; s. 23, ch. 95-211; s. 1, ch. 96-361; s. 1733, ch. 97-102; s. 29, ch. 99-3; s. 43, ch. 2003-416; s. 9, ch. 2011-233; s. 149, ch. 2020-2.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 627.4147
Total Results: 8
570 So. 2d 1362, 1990 Fla. App. LEXIS 9091, 1990 WL 191894
District Court of Appeal of Florida | Filed: Dec 5, 1990 | Docket: 1349456
Cited 8 times | Published
1, 1985. Appellants cite the amendment to section 627.4147(1), Florida Statutes (1985) regarding medical
750 F.3d 1295, 2014 WL 1870615, 2014 U.S. App. LEXIS 8762
Court of Appeals for the Eleventh Circuit | Filed: May 9, 2014 | Docket: 271515
Cited 4 times | Published
by insurers in a receivership);
id.
§ 627.4147 (regulating arbitration provisions in medical
914 So. 2d 449, 2005 WL 2291972
District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 2582205
Cited 3 times | Published
damage to the insured's reputation); see also § 627.4147(1)(b)(1), Fla. Stat. (2005) (providing that every
969 So. 2d 1150, 2007 WL 4124604
District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 1726041
Cited 1 times | Published
insurance policies were effective January 1, 1998. Section 627.4147(1)(b)1., Florida Statutes (2002), required
578 So. 2d 806, 1991 Fla. App. LEXIS 3841, 1991 WL 59999
District Court of Appeal of Florida | Filed: Apr 23, 1991 | Docket: 441407
Cited 1 times | Published
NIMMONS and ZEHMER, JJ., concur.
NOTES
[1] Section 627.4147(1)(b), Florida Statutes (1985), contains the
180 So. 3d 190, 2015 Fla. App. LEXIS 17927, 2015 WL 7731744
District Court of Appeal of Florida | Filed: Dec 1, 2015 | Docket: 3017313
Published
(Boldface omitted).
6
. Section 627.4147(l)(b)l., Florida Statutes (2005), requires
964 So. 2d 280, 2007 Fla. App. LEXIS 15183, 2007 WL 2781017
District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 64852162
Published
faith and in the best interests of the insured.” § 627.4147(l)(b)l., Fla. Stat. (emphasis added). In Unruh
738 So. 2d 442, 1999 Fla. App. LEXIS 9849, 1999 WL 512076
District Court of Appeal of Florida | Filed: Jul 21, 1999 | Docket: 64789768
Published
with or without Babic’s consent or approval. Section 627.4147, Florida Statutes (1991), provides that it
