Florida Statute 627.4147 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.4147

627.4147 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.

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Amendments to 627.4147

Arrestable Offenses / Crimes under Fla. Stat. 627.4147

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.4147.

Annotations, Discussions, Cases:

Cases Citing Statute 627.4147

Total Results: 8

Mohamad R. Samiian, M.D., individually etc. v. First Professionals Insurance etc.

Court: District Court of Appeal of Florida | Date Filed: 2015-12-01

Citation: 180 So. 3d 190, 2015 Fla. App. LEXIS 17927

Snippet: (Boldface omitted). 6 . Section 627.4147(l)(b)l., Florida Statutes (2005), requires that

Freeman v. Cohen

Court: District Court of Appeal of Florida | Date Filed: 2007-11-21

Citation: 969 So. 2d 1150, 2007 WL 4124604

Snippet: policies were effective January 1, 1998. Section 627.4147(1)(b)1., Florida Statutes (2002), required the

Rogers v. Chicago Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2007-09-26

Citation: 964 So. 2d 280, 2007 Fla. App. LEXIS 15183

Snippet: faith and in the best interests of the insured.” § 627.4147(l)(b)l., Fla. Stat. (emphasis added). In Unruh

Cohen v. Freeman

Court: District Court of Appeal of Florida | Date Filed: 2005-09-21

Citation: 914 So. 2d 449, 2005 WL 2291972

Snippet: damage to the insured's reputation); see also § 627.4147(1)(b)(1), Fla. Stat. (2005) (providing that every

Babic v. Physicians Protective Trust Fund

Court: District Court of Appeal of Florida | Date Filed: 1999-07-21

Citation: 738 So. 2d 442, 1999 Fla. App. LEXIS 9849, 1999 WL 512076

Snippet: or without Babic’s consent or approval. Section 627.4147, Florida Statutes (1991), provides that it is

Shuster v. South Broward Hosp. Dist.

Court: Supreme Court of Florida | Date Filed: 1992-01-02

Citation: 591 So. 2d 174, 1992 WL 150

Snippet: prior to October 1, 1985. Therefore, subsection 627.4147(1), Florida Statutes (1985), which affects policies

Sharpe v. Physicians Protective Trust Fund

Court: District Court of Appeal of Florida | Date Filed: 1991-04-23

Citation: 578 So. 2d 806, 1991 Fla. App. LEXIS 3841, 1991 WL 59999

Snippet: NIMMONS and ZEHMER, JJ., concur. NOTES [1] Section 627.4147(1)(b), Florida Statutes (1985), contains the requirement

Shuster v. SOUTH BROWARD HOSP. DIST. PHYSICIANS'PROFESSIONAL LIABILITY INS. TRUST

Court: District Court of Appeal of Florida | Date Filed: 1990-12-05

Citation: 570 So. 2d 1362, 1990 Fla. App. LEXIS 9091, 1990 WL 191894

Snippet: 1985. Appellants cite the amendment to section 627.4147(1), Florida Statutes (1985) regarding medical