Florida Statutes

Fla. Stat. § 627.418 (2025)

Validity of noncomplying contracts.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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627.418 Validity of noncomplying contracts.—

(1) Any insurance policy, rider, or endorsement otherwise valid which contains any condition or provision not in compliance with the requirements of this code shall not be thereby rendered invalid, except as provided in s. 627.415, but shall be construed and applied in accordance with such conditions and provisions as would have applied had such policy, rider, or endorsement been in full compliance with this code. In the event an insurer issues or delivers any policy for an amount which exceeds any limitations otherwise provided in this code, such insurer shall be liable to the insured or his or her beneficiary for the full amount stated in the policy in addition to any other penalties that may be imposed under this code.

(2) Any insurance contract delivered or issued for delivery in this state covering a subject or subjects of insurance resident, located, or to be performed in this state, which subjects, pursuant to the provisions of this code, the insurer may not lawfully insure under such a contract, shall be cancelable at any time by the insurer, any provision of the contract to the contrary notwithstanding; and the insurer shall promptly cancel the contract in accordance with the request of the office therefor. No such illegality or cancellation shall be deemed to relieve the insurer of any liability incurred by it under the contract while in force, or to prohibit the insurer from retaining the pro rata earned premium thereon. This provision does not relieve the insurer from any penalty otherwise incurred by the insurer under this code on account of any such violation.

History.—s. 467, ch. 59-205; ss. 13, 35, ch. 69-106; s. 1, ch. 72-23; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 370, 377, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318; s. 329, ch. 97-102; s. 1120, ch. 2003-261.

Note.—Former s. 627.0117.

Notes of Decisions

Cited in 28 cases (6 in the last 5 years), 1979–2024 · leading case: Excelsior Ins. Co. v. Pomona Park Bar & Package Store, 369 So. 2d 938 (Fla. 1979).

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Excelsior Ins. Co. v. Pomona Park Bar & Package Store, 369 So. 2d 938 (Fla. 1979). · cites it 6× “411, Florida Statutes (1977), then Section 627.418, Florida Statutes (1977), requires the courts to extend coverage so as to protect policy holders against the defect.”

QBE Ins. Corp. v. Chalfonte Condo. Apt. Ass'n, 94 So. 3d 541 (Fla. 2012). · cites it 4× “See § 627.418(1), Fla. Stat. (2009) (“Any insurance policy, rider, or endorsement otherwise valid which contains any condition or provision not in compliance with the requirements of this code shall not be thereby rendered invalid, except as provided in s.”

Allstate Ins. Co. v. Kaklamanos, 843 So. 2d 885 (Fla. 2003). · cites it 2× “See § 627.418(1), Fla. Stat. (2001) ("Any insurance policy, rider, or endorsement otherwise valid which contains any condition or provision not in compliance with the requirements of this code shall not be thereby rendered invalid, .”

Essex Ins. v. Zota, 607 F. Supp. 2d 1340 (S.D. Fla. 2009). · cites it 8× “Another possible solution identified by Plaintiff is that pursuant to Fla. Stat. § 627.418 , noncompliance with Fla.”

Chalfonte Condo. Apt. Ass'n v. QBE Ins., 526 F. Supp. 2d 1251 (S.D. Fla. 2007). · cites it 5× “, 1979)(holding that where the Department of Insurance has not detected a violation in a policy, “Section 627.418 is designed to guarantee that the courts not bar coverage to policy holders because their contracts contain a condition or provision which violates the [I]n-surance…”

James R. Allen v. United Servs. Auto. Ass'n, 790 F.3d 1274 (11th Cir. 2015). · cites it 2× “” Fla. Stat. § 627.418 (1). The Allens have not pointed to “any other penalties that may be imposed under this code.”

Citizens Prop. Ins. Corp. v. River Manor Condo. Ass'n, 125 So. 3d 846 (Fla. 4th DCA 2013). · cites it 3× “March 31, 2010), the court found that section 627.418 did not require that insurance policies conform to statutes "outside of the Insurance Code.”

Florida Farm Bureau Cas. Ins. Co. v. Cox, 943 So. 2d 823 (Fla. 1st DCA 2006). · cites it 2× “(quoting § 627.418(1), Fla. Stat. (2001)). See also Young v.”

Kaklamanos v. Allstate Ins. Co., 796 So. 2d 555 (Fla. 1st DCA 2001). · cites it 2× “" § 627.418(1), Fla. Stat. (1997). See State Farm Mut.”

Bastian v. United Servs. Auto. Ass'n, 150 F. Supp. 3d 1284 (M.D. Fla. 2015). · cites it 2× “1998); also Fla. Stat. § 627.418 (1); Allen v. USAA Ca.”

Chalfonte Condo. Apt. Ass'n, Inc. v. QBE Ins. Corp., 695 F.3d 1215 (11th Cir. 2012). · cites it 2× “See § 627.418(1), Fla. Stat. (2009) (“Any insurance policy, rider, or endorsement otherwise valid which contains any condition or provision not in compliance with the requirements of this code shall not be thereby rendered invalid, except as provided in s.”

Suazo Ex Rel. Suazo v. Del Busto, 587 So. 2d 480 (Fla. 3d DCA 1991). · cites it 4× “§ 627.418, Fla. Stat. (1989). According to the Suazos, the ,000 per person policy limit covering the bus which struck Julio was not in accordance with the code and thus requires that the policy be construed or reformed to comply with statutorily mandated levels.”

Show all 28 citing cases →

— 627.418(1) — 15 cases

QBE Ins. Corp. v. Chalfonte Condo. Apt. Ass'n, 94 So. 3d 541 (Fla. 2012). “See § 627.418(1), Fla. Stat. (2009) (“Any insurance policy, rider, or endorsement otherwise valid which contains any condition or provision not in compliance with the requirements of this code shall not be thereby rendered invalid, except as provided in s.”

Allstate Ins. Co. v. Kaklamanos, 843 So. 2d 885 (Fla. 2003). “See § 627.418(1), Fla. Stat. (2001) ("Any insurance policy, rider, or endorsement otherwise valid which contains any condition or provision not in compliance with the requirements of this code shall not be thereby rendered invalid, .”

Chalfonte Condo. Apt. Ass'n v. QBE Ins., 526 F. Supp. 2d 1251 (S.D. Fla. 2007). “, 1979)(holding that where the Department of Insurance has not detected a violation in a policy, “Section 627.418 is designed to guarantee that the courts not bar coverage to policy holders because their contracts contain a condition or provision which violates the [I]n-surance…”

Florida Farm Bureau Cas. Ins. Co. v. Cox, 943 So. 2d 823 (Fla. 1st DCA 2006). “(quoting § 627.418(1), Fla. Stat. (2001)). See also Young v.”

Citizens Prop. Ins. Corp. v. River Manor Condo. Ass'n, 125 So. 3d 846 (Fla. 4th DCA 2013). “March 31, 2010), the court found that section 627.418 did not require that insurance policies conform to statutes "outside of the Insurance Code.”

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