The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.421

627.421 Delivery of policy.—

(1) Subject to the insurer’s requirement as to payment of premium, every policy shall be mailed, delivered, or electronically transmitted to the insured or to the person entitled thereto not later than 60 days after the effectuation of coverage. Notwithstanding any other provision of law, an insurer may allow a policyholder of personal lines insurance to affirmatively elect delivery of the policy documents, including, but not limited to, policies, endorsements, notices, or documents, by electronic means in lieu of delivery by mail. Electronic transmission of a policy, related notices, and other documents for individual and group health insurance policies or certificates of coverage pursuant to parts VI and VII of this chapter, respectively; health maintenance contracts or certificates of coverage pursuant to part I of chapter 641; prepaid limited health service contracts pursuant to part I of chapter 636; and commercial risks, including, but not limited to, workers’ compensation and employers’ liability, commercial automobile liability, commercial automobile physical damage, commercial lines residential property, commercial nonresidential property, farmowners insurance, and the types of commercial lines risks set forth in s. 627.062(3)(d), constitutes delivery to the insured or to the person entitled to delivery, unless the insured or the person entitled to delivery communicates to the insurer in writing or electronically that he or she does not agree to delivery by electronic means.

(2) In the event the original policy is delivered or is so required to be delivered to or for deposit with any vendor, mortgagee, or pledgee of any motor vehicle, and in which policy any interest of the vendee, mortgagor, or pledgor in or with reference to such vehicle is insured, a duplicate of such policy setting forth the name and address of the insurer, insurance classification of vehicle, type of coverage, limits of liability, premiums for the respective coverages, and duration of the policy, or memorandum thereof containing the same such information, shall be delivered by the vendor, mortgagee, or pledgee to each such vendee, mortgagor, or pledgor named in the policy or coming within the group of persons designated in the policy to be so included. If the policy does not provide coverage of legal liability for injury to persons or damage to the property of third parties, a statement of such fact shall be printed, written, or stamped conspicuously on the face of such duplicate policy or memorandum. This subsection does not apply to inland marine floater policies.

(3) Any automobile liability or physical damage policy shall contain on the front page a summary of major coverages, conditions, exclusions, and limitations contained in that policy. Any such summary shall state that the issued policy should be referred to for the actual contractual governing provisions. The company may, in lieu of the summary, provide a readable policy.

(4) Notwithstanding subsections (1) and (2), property and casualty insurance policies and endorsements that do not contain personally identifiable information may be posted on the insurer’s Internet website. If the insurer elects to post insurance policies and endorsements on its Internet website in lieu of mailing or delivery to insureds, the insurer must comply with the following:

(a) Each policy and endorsement must be easily accessible on the insurer’s Internet website for as long as the policy and endorsement remain in force.

(b) The insurer must archive all of its expired policies and endorsements on its Internet website and make any expired policy and endorsement available upon an insured’s request for at least 5 years after expiration of the policy and endorsement.

(c) Each policy and endorsement must be posted in a manner that enables the insured to print and save the policy and endorsement using a program or application that is widely available on the Internet without charge.

(d) When the insurer issues an initial policy or any renewal, the insurer must notify the insured, in the manner the insurer customarily uses to communicate with the insured, that the insured has the right to request and obtain without charge a paper or electronic copy of the insured’s policy and endorsements.

(e) On each declarations page issued to the insured, the insurer must clearly identify the exact policy form and endorsement form purchased by the insured.

(f) If the insurer changes any policy form or endorsement, the insurer must notify the insured, in the manner the insurer customarily uses to communicate with the insured, that the insured has the right to request and obtain without charge a paper or electronic copy of such form or endorsement.

(5) An electronically delivered document satisfies any font, size, color, spacing, or other formatting requirement for printed documents if the format in the electronically delivered document has reasonably similar proportions or emphasis of the characters relative to the rest of the electronic document or is otherwise displayed in a reasonably conspicuous manner.

History.—s. 470, ch. 59-205; s. 1, ch. 75-218; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 377, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 18, ch. 86-160; s. 114, ch. 92-318; s. 1, ch. 2013-190; s. 1, ch. 2013-191; s. 1, ch. 2015-170; s. 12, ch. 2017-132; s. 7, ch. 2023-217.

F.S. 627.421 on Google Scholar

F.S. 627.421 on Casetext

Amendments to 627.421

Arrestable Offenses / Crimes under Fla. Stat. 627.421

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.421.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NATIONWIDE MUTUAL INSURANCE COMPANY, v. NELSON, D. N. a, 369 F. Supp. 3d 1249 (M.D. Fla. 2018)

. . . coverage in this case because it failed to deliver the policy to Cooper as required by Florida Statute § 627.421 . . .

ALEMAN, a f. k. a. v. ACE AMERICAN INSURANCE COMPANY, a, 564 F. App'x 1016 (11th Cir. 2014)

. . . . § 627.421. . . .

PENNSYLVANIA LUMBERMENS MUTUAL INSURANCE COMPANY, v. INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY,, 43 So. 3d 182 (Fla. Dist. Ct. App. 2010)

. . . (citing section 627.421(1), Florida Statutes). . . .

LLOYDS UNDERWRITERS AT LONDON, v. KEYSTONE EQUIPMENT FINANCE CORP. d b a, 25 So. 3d 89 (Fla. Dist. Ct. App. 2009)

. . . issued, had failed to comply with the notice and delivery requirements of Florida Statutes sections 627.421 . . . Section 627.421 requires delivery of the insurance policy not more than sixty days after effectuation . . . See § 627.421(1), Fla. Stat. (2008). . . . upon the garaging warranty to deny the claim as a consequence of any failure to comply with sections 627.421 . . . Provisions of Coverage On appeal, Lloyds argues that, regardless of any failure to comply with sections 627.421 . . .

ESSEX INSURANCE COMPANY, v. ZOTA,, 607 F. Supp. 2d 1340 (S.D. Fla. 2009)

. . . . §§ 626.922(1) and 627.421. (Id., at p. 8.) . . . precluded from asserting lack of coverage because of its violation of Florida Statutes §§ 626.922 and 627.421 . . . Stat. § 626.922 or § 627.421, or both, require delivery of evidence of insurance directly to the insured . . . Stat. § 626.922 or § 627.421, or both, was not met in this case the appropriate remedy is to preclude . . . There was “no language present in section 626.922 and 627.421, Florida Statutes (2003), [that] precludes . . .

E. MOHNKERN, v. PROFESSIONAL INSURANCE COMPANY, f. k. a., 542 F.3d 157 (6th Cir. 2008)

. . . (1) that Defendant’s failure or delay in payment was a violation of Florida statute §§ 624.155 and 627.421 . . . hold that the principal inquiry was whether Mohn-kern was due attorneys’ fees under Florida statute § 627.421 . . .

ESSEX INSURANCE COMPANY, v. ZOTA,, 985 So. 2d 1036 (Fla. 2008)

. . . entry of a summary judgment in favor of the Appellees upon an interpretation of sections 626.922 and 627.421 . . . Stat. § 626.922 or § 627.421, or both, require delivery of evidence of insurance directly to the insured . . . Stat. § 626.922 or § 627.421, or both, was not met in this case the appropriate remedy is to preclude . . . See §§ 627.421 (“Delivery of policy”), 627.428 (“Attorney’s fees”), Fla. . . . See § 627.421(1), Fla. Stat. (2003). . . .

E. MOHNKERN, v. PROFESSIONAL INSURANCE COMPANY,, 480 F. Supp. 2d 1001 (N.D. Ohio 2007)

. . . (1) that Defendant’s failure or delay in payment was a violation of Florida statute §§ 624.155 and 627.421 . . .

ESSEX INSURANCE COMPANY, v. ZOTA, R. A. Co., 466 F.3d 981 (11th Cir. 2006)

. . . The defendants contended that Essex had violated Florida Statutes §§ 626.922 and 627.421 by not delivering . . . Also relevant to the dispute is Florida Statute § 627.421, which provides: “Subject to the insurer’s . . . Stat. § 627.421(1). . . . The defendants argue that § 627.421 does apply to surplus lines insurers and that, like § 626.922, it . . . Two Florida decisions have addressed whether the appropriate remedy for a violation of § 627.421 is to . . .

T. H. E. INSURANCE COMPANY, v. DOLLAR RENT- A- CAR SYSTEMS, INC., 900 So. 2d 694 (Fla. Dist. Ct. App. 2005)

. . . The trial court granted summary judgment in which it found coverage for two reasons: (1) section 627.421 . . . Although section 627.421 requires delivery of a copy of an automobile policy within sixty days after . . . considered when imposing any sanction for' failure to' deliver a policy of insurance as required by section 627.421 . . .

ZC INSURANCE COMPANY, a v. BROOKS,, 847 So. 2d 547 (Fla. Dist. Ct. App. 2003)

. . . summarized in a separate document avaüable on request, does not satisfy the requirements of section 627.421 . . . Section 627.421 requires delivery of every insurance pohcy to the insured “or to the person entitled . . . thereto” no more than sixty days after the effectuation of coverage. § 627.421(1). . . . indication that the insurer did not intend the rental agreement to be the “summary” mandated by section 627.421 . . . Judge Warner’s thoughtful dissent observes that section 627.421 grants sixty days to provide a copy of . . . I do not think that section 627.421, Florida Statutes (1999), forms a basis for creating coverage, nor . . . It does not appear to me that section 627.421 was intended to apply to car rental agreements in which . . .

L. MILLER, v. AMERICAN BANKERS INSURANCE GROUP, a k a, 85 F. Supp. 2d 1297 (S.D. Fla. 1999)

. . . Section 627.421 of the Florida Statutes provides that “every policy shall be mailed or delivered to the . . . Stat. § 627.421, requiring that the insurer provide a copy of the insurance policy to the insured within . . .

CONTINENTAL CASUALTY COMPANY, v. UNITED PACIFIC INSURANCE COMPANY, a, 637 So. 2d 270 (Fla. Dist. Ct. App. 1994)

. . . limits to a third party and faces a breach of contract suit with other statutory remedies {e.g., Section 627.421 . . .

STATE FARM FIRE AND CASUALTY COMPANY, v. OLIVERAS,, 441 So. 2d 175 (Fla. Dist. Ct. App. 1983)

. . . This is a goal the legislature had set for automobile insurance in Section 627.421, Florida Statutes . . .

ARGONAUT INSURANCE COMPANY, v. MARYLAND CASUALTY COMPANY,, 372 So. 2d 960 (Fla. Dist. Ct. App. 1979)

. . . to a third party and faces a breach of contract suit with other statutory remedies (e. g., Section 627.421 . . .