Florida Statutes
Fla. Stat. § 627.4147 (2025)
Medical malpractice insurance contracts.
✓ 2025 Florida Statutes: current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 9
cases, 1990–2015 · leading case: Shuster v. South Broward Hosp. Dist., 591 So. 2d 174 (Fla. 1992).
Shuster v. South Broward Hosp. Dist., 591 So. 2d 174 (Fla. 1992). “ose discussed above, in cases in which the insurance contract or policy provides that the insurer may "make such investigation and such settlement of any claim or suit as it deems expedient" a cause of action for breach of a good faith duty owing to the insured will not lie for…”
Rogers v. Chicago Ins. Co., 964 So. 2d 280 (Fla. 4th DCA 2007). “106 nor section 627.4147, upon which the doctor relied in making his claim, created a private cause of action against the insurer.”
Shuster v. South Broward Hosp. Dist. Physicians'Prof'l Liab. Ins. Trust, 570 So. 2d 1362 (Fla. 4th DCA 1990). “Appellants cite the amendment to section 627.4147(1), Florida Statutes (1985) regarding medical malpractice policies, which requires the insurer to act in good faith and in the best interests of the insured in settlement within the policy limits.”
Teague v. St. Paul Fire & Marine Ins. Co., 10 So. 3d 806 (La. Ct. App. 2009). “” Fla. Stat. § 627.4147 (1 )(b)l. (Emphasis supplied.”
Cohen v. Freeman, 914 So. 2d 449 (Fla. 4th DCA 2005). “ith to settle any claim or suit, a cause of action for breach of the duty of good faith will not lie for failing to defend the claim when the insurer has settled for an amount within policy limits; the insurer has the right to settle a claim in good faith within the policy…”
Freeman v. Cohen, 969 So. 2d 1150 (Fla. 4th DCA 2007). “Freeman then filed a counterclaim for declaratory relief asserting in part that there was a dispute as to whether the Cohens settled their claim, that he did not authorize settlement, and that the requirements of section 627.4147, Florida Statutes (2003), were not satisfied.”
Sharpe v. Physicians Prot. Trust Fund, 578 So. 2d 806 (Fla. 1st DCA 1991). “NOTES [1] Section 627.4147(1)(b), Florida Statutes (1985), contains the requirement that "any offer of admission of liability, settlement offer, or offer of judgment made by an insurer or self-insurer shall be made in good faith and in the best interests of the insured.”
Babic v. Physicians Prot. Trust Fund, 738 So. 2d 442 (Fla. 4th DCA 1999). “Section 627.4147, Florida Statutes (1991), provides that it is against public policy for any medical malpractice insurance contract to contain a clause giving the insured the exclusive right to veto any offer for admission of liability and for arbitration, settlement offer or…”
Mohamad R. Samiian, M.D., individually etc. v. First Professionals Ins. etc., 180 So. 3d 190 (Fla. 1st DCA 2015). “Samiian’s- assertion that pursuant to section 627.4147, Florida Statutes (2005), the.”
627.4147(1): 4 cases
Shuster v. South Broward Hosp. Dist., 591 So. 2d 174 (Fla. 1992). “ose discussed above, in cases in which the insurance contract or policy provides that the insurer may "make such investigation and such settlement of any claim or suit as it deems expedient" a cause of action for breach of a good faith duty owing to the insured will not lie for…”
Shuster v. South Broward Hosp. Dist. Physicians'Prof'l Liab. Ins. Trust, 570 So. 2d 1362 (Fla. 4th DCA 1990). “Appellants cite the amendment to section 627.4147(1), Florida Statutes (1985) regarding medical malpractice policies, which requires the insurer to act in good faith and in the best interests of the insured in settlement within the policy limits.”
Rogers v. Chicago Ins. Co., 964 So. 2d 280 (Fla. 4th DCA 2007). “106 nor section 627.4147, upon which the doctor relied in making his claim, created a private cause of action against the insurer.”
Mohamad R. Samiian, M.D., individually etc. v. First Professionals Ins. etc., 180 So. 3d 190 (Fla. 1st DCA 2015). “Samiian’s- assertion that pursuant to section 627.4147, Florida Statutes (2005), the.”
627.4147(1)(b): 2 cases
Sharpe v. Physicians Prot. Trust Fund, 578 So. 2d 806 (Fla. 1st DCA 1991). “NOTES [1] Section 627.4147(1)(b), Florida Statutes (1985), contains the requirement that "any offer of admission of liability, settlement offer, or offer of judgment made by an insurer or self-insurer shall be made in good faith and in the best interests of the insured.”
Freeman v. Cohen, 969 So. 2d 1150 (Fla. 4th DCA 2007). “Freeman then filed a counterclaim for declaratory relief asserting in part that there was a dispute as to whether the Cohens settled their claim, that he did not authorize settlement, and that the requirements of section 627.4147, Florida Statutes (2003), were not satisfied.”
627.4147(1)(b)(1): 1 case
Cohen v. Freeman, 914 So. 2d 449 (Fla. 4th DCA 2005). “ith to settle any claim or suit, a cause of action for breach of the duty of good faith will not lie for failing to defend the claim when the insurer has settled for an amount within policy limits; the insurer has the right to settle a claim in good faith within the policy…”
627.4147(3): 1 case
Freeman v. Cohen, 969 So. 2d 1150 (Fla. 4th DCA 2007). “Freeman then filed a counterclaim for declaratory relief asserting in part that there was a dispute as to whether the Cohens settled their claim, that he did not authorize settlement, and that the requirements of section 627.4147, Florida Statutes (2003), were not satisfied.”
627.4147(l)(b): 2 cases
Rogers v. Chicago Ins. Co., 964 So. 2d 280 (Fla. 4th DCA 2007). “106 nor section 627.4147, upon which the doctor relied in making his claim, created a private cause of action against the insurer.”
Mohamad R. Samiian, M.D., individually etc. v. First Professionals Ins. etc., 180 So. 3d 190 (Fla. 1st DCA 2015). “Samiian’s- assertion that pursuant to section 627.4147, Florida Statutes (2005), the.”
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