Florida Statute 627.418 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.418

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.

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Amendments to 627.418

Arrestable Offenses / Crimes under Fla. Stat. 627.418

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.418.

Annotations, Discussions, Cases:

Cases Citing Statute 627.418

Total Results: 11

SAFECO INSURANCE COMPANY OF ILLINOIS v. MD NOW MEDICAL CENTERS, INC. d/b/a MD NOW PATIENT: SHELLEY HOLMSTOCK

Court: District Court of Appeal of Florida | Date Filed: 2023-08-02

Snippet: requirements of” Florida’s insurance statutes. § 627.418(1), Fla. Stat. (2020). A contract not in compliance

LEXINGTON CLUB COMMUNITY ASSOCIATION, INC. v. LOVE MADISON, INC. D/B/A ALEXANDER INSURANCE

Court: District Court of Appeal of Florida | Date Filed: 2018-08-15

Citation: 253 So. 3d 632

Snippet: not covered by the policy. See §§ 626.901(3), 627.418(1), Fla. Stat. (2017). Thus, while the associations’

Citizens Property Insurance Corp. v. River Manor Condominium Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2013-04-10

Citation: 125 So. 3d 846, 2013 WL 1441294, 2013 Fla. App. LEXIS 5729

Snippet: DAMOORGIAN, JJ„ concur. . We note that section 627.418(1), Florida Statutes (2005), codifies the principle

QBE Insurance Corp. v. Chalfonte Condominium Apartment Ass'n

Court: Supreme Court of Florida | Date Filed: 2012-05-31

Citation: 94 So. 3d 541, 37 Fla. L. Weekly Supp. 395, 2012 WL 1947863, 2012 Fla. LEXIS 1063

Snippet: certificate of authority). Most notably, in section 627.418(1), Florida Statutes (2009), the Legislature seems

Florida Farm Bureau Cas. Ins. Co. v. Cox

Court: District Court of Appeal of Florida | Date Filed: 2006-12-15

Citation: 943 So. 2d 823, 2006 WL 3024902

Snippet: full compliance with this code. Id. (quoting § 627.418(1), Fla. Stat. (2001)). See also Young v. Progressive

Allstate Ins. Co. v. Kaklamanos

Court: Supreme Court of Florida | Date Filed: 2003-04-03

Citation: 843 So. 2d 885, 2003 WL 1740882

Snippet: to be in full compliance with the code. See § 627.418(1), Fla. Stat. (2001) ("Any insurance policy, rider

Kaklamanos v. Allstate Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 2001-07-26

Citation: 796 So. 2d 555, 2001 WL 838198

Snippet: .. been in full compliance with this code." § 627.418(1), Fla. Stat. (1997). See State Farm Mut. Auto

STATE FARM MUTUAL AUTOMOBILE INS. CO. v. Swearingen

Court: District Court of Appeal of Florida | Date Filed: 1991-12-04

Citation: 590 So. 2d 506, 1991 Fla. App. LEXIS 12076, 1991 WL 253838

Snippet: rewrite insurance policies to find coverage. Section 627.418(1), Florida Statutes (1989), specifically states

Suazo Ex Rel. Suazo v. Del Busto

Court: District Court of Appeal of Florida | Date Filed: 1991-11-05

Citation: 587 So. 2d 480, 1991 WL 152939

Snippet: and applied as if it were in full compliance. § 627.418, Fla. Stat. (1989). According to the Suazos, the

Fred S. James & Co. of Florida v. Miranti

Court: District Court of Appeal of Florida | Date Filed: 1988-02-10

Citation: 520 So. 2d 630, 13 Fla. L. Weekly 395, 1988 Fla. App. LEXIS 514, 1988 WL 8099

Snippet: but reject appellee’s contention that section 627.418, Florida Statutes (1985), mandates lowering the

Excelsior Ins. Co. v. Pomona Park Bar & Package Store

Court: Supreme Court of Florida | Date Filed: 1979-03-08

Citation: 369 So. 2d 938, 1979 Fla. LEXIS 4604

Snippet: 627.411, Florida Statutes (1977), then Section 627.418, Florida Statutes (1977), requires the courts to