Florida Statute 627.426 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.426

627.426 Claims administration.—

(1) Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer thereunder:

(a) Acknowledgment of the receipt of notice of loss or claim under the policy.

(b) Furnishing forms for reporting a loss or claim, for giving information relative thereto, or for making proof of loss, or receiving or acknowledging receipt of any such forms or proofs completed or uncompleted.

(c) Investigating any loss or claim under any policy or engaging in negotiations looking toward a possible settlement of any such loss or claim.

(2) A liability insurer shall not be permitted to deny coverage based on a particular coverage defense unless:

(a) Within 30 days after the liability insurer knew or should have known of the coverage defense, written notice of reservation of rights to assert a coverage defense is given to the named insured by United States postal proof of mailing, registered or certified mail, or other mailing using the Intelligent Mail barcode or other similar tracking method used or approved by the United States Postal Service sent to the last known address of the insured or by hand delivery; and

(b) Within 60 days of compliance with paragraph (a) or receipt of a summons and complaint naming the insured as a defendant, whichever is later, but in no case later than 30 days before trial, the insurer:

1. Gives written notice to the named insured by United States postal proof of mailing, registered or certified mail, or other mailing using the Intelligent Mail barcode or other similar tracking method used or approved by the United States Postal Service of its refusal to defend the insured;

2. Obtains from the insured a nonwaiver agreement following full disclosure of the specific facts and policy provisions upon which the coverage defense is asserted and the duties, obligations, and liabilities of the insurer during and following the pendency of the subject litigation; or

3. Retains independent counsel which is mutually agreeable to the parties. Reasonable fees for the counsel may be agreed upon between the parties or, if no agreement is reached, shall be set by the court.

History.—s. 475, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 375(1st), 377, 809(2nd), ch. 82-243; ss. 53, 79, ch. 82-386; s. 97, ch. 83-216; s. 114, ch. 92-318; s. 13, ch. 2019-108.

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Amendments to 627.426

Arrestable Offenses / Crimes under Fla. Stat. 627.426

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.426.

Annotations, Discussions, Cases:

Cases Citing Statute 627.426

Total Results: 20

Elizabeth Fojon v. Ascendant Commercial Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00

Snippet: with the Claims Administration Statute, section 627.426, Florida Statutes. Ascendant denied the allegations…with the Claims Administration Statute, section 627.426, Florida Statutes. The Claims Administration Statute…agreement is reached, shall be set by the court. § 627.426(2), Fla. Stat. (2018) (emphasis added). …policy condition that would forfeit coverage. § 627.426(2), Fla. Stat. (2018). It can still, however, assert

Elizabeth Fojon v. Ascendant Commercial Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00

Security First Insurance Company v. Linda Visca and Silvio Visca

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-05T00:00:00-07:00

Snippet: by a liability insurer are governed by section 627.426(2), Florida Statutes (2020), which expressly states… (holding that, by its plain language, section 627.426 applies only to cases involving liability insurance

UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY v. MONIKA HORNE

Court: Fla. Dist. Ct. App. | Date Filed: 2021-01-19T23:53:00-08:00

Snippet: ‘sworn proof of loss’ requirement” (quoting § 627.426(1)(c), Fla. Stat. (2007))). With regard

MAGGY HURCHALLA v. HOMEOWNERS CHOICE PROPERTY & CASUALTY COMPANY, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-16T00:53:00-07:00

Snippet: reservation of rights letter required by section 627.426(2), Florida Statutes (2013), which fact was supported…insured regarding coverage, as required by section 627.426(2), Florida Statutes. Subsequently, Allstate filed…coverage because it had not complied with section 627.426(2). In resolving the issue, the court harmonized

HERSHEL BRYANT and BETTY BRYANT v. GEOVERA SPECIALTY INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-08T00:00:00-07:00

Citation: 271 So. 3d 1013

Snippet: ‘sworn proof of loss’ requirement.” (quoting § 627.426(1)(c), Fla. Stat. (2007)). Our resolution of the

Dept. of Children and Families v. Feliciano

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-27T23:53:00-08:00

Snippet: ), when she wrote: While section 627.426 is clear and unambiguous, and therefore mandates

Geico General Insurance Co. v. Mukamal

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-23T00:00:00-07:00

Citation: 230 So. 3d 62

Snippet: the clear and unambiguous language of section 627.426, Florida Statutes (2015), I write to expose what…expressfy listed methods of compliance with section 627.426(2)(b), the Claims Administration Statute. Specifically…law from denying coverage. Pursuant to section 627.426, once Geico sent its reservation of rights notice…from asserting a coverage defense. While section 627.426 is clear and unambiguous, and therefore mandates…intended such a result when it enacted section 627.426. I, therefore, concur with the majority opinion

Nova Casualty Company v. Wilson Developers, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-22T00:00:00-08:00

Citation: 212 So. 3d 477, 2017 WL 694566, 2017 Fla. App. LEXIS 2294

Snippet: provisions of s. 627.426(2) or defended under a reservation of rights pursuant to s. 627.426(2). Under

Allied Professional Insurance Company, A Risk Retention Group, Inc. v. Brian Fitzpatrick and Lai Fong Fitzpatrick, Kelly M. Meredith, D.C., Florida Spine and Disc Center, Inc., and Arthur J. Gallagher Risk Management Services, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-06T00:53:00-07:00

Snippet: provisions of s. 627.426(2) or defended under a reservation of rights pursuant to s. 627.426(2) . . . .

Allied Professionals Insurance Co. v. Fitzpatrick

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-06T00:00:00-07:00

Citation: 169 So. 3d 138, 2015 Fla. App. LEXIS 6746, 2015 WL 2078847

Snippet: provisions of s. 627.426(2) or defended under a reservation of rights pursuant to s. 627.426(2).... § 627.4136

Dr. Scott J. Swerdlin v. Florida Municipal Insurance Trust

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-15T00:00:00-07:00

Citation: 162 So. 3d 96, 2014 Fla. App. LEXIS 16798, 2014 WL 5149140

Snippet: motion for defense cost determination under section 627.426(2)(b)S., Florida Statutes (2012) (“Reasonable fees…and for defense cost determination under section 627.426(2)(b)3., Florida Statutes (2012). We take no position…motion for defense cost determination under section 627.426(2)(b)3., with the circuit court left only to set

Geico General Insurance Co. v. Rodriguez

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-10T00:00:00-07:00

Citation: 155 So. 3d 1163, 2014 Fla. App. LEXIS 14100

Snippet: Florida’s Claims Administrations Statute — section 627.426, Florida Statutes (2011) (the CAS). The trial court… court determined that Geico violated section 627.426(2)(a), which requires an insurer to assert a coverage…term "coverage defense,” as used in section 627.426(2), means a defense to coverage that otherwise

Judy Rodrigo v. State Farm Florida Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-20T00:00:00-07:00

Citation: 144 So. 3d 690, 2014 WL 4083324, 2014 Fla. App. LEXIS 12805

Snippet: waiver of a “sworn proof of loss” requirement. § 627.426(l)(c), Fla. Stat. (2007) (emphasis added).

Beazley Insurance Co. v. Banerjee

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-09T00:00:00-07:00

Citation: 123 So. 3d 1184, 2013 WL 5538714, 2013 Fla. App. LEXIS 15915

Snippet: provisions of s. 627.426(2) or defended under a reservation of rights pursuant to s. 627.426(2).” § 627.4136

Essex Insurance Co. v. Integrated Drainage Solutions, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-04T00:00:00-07:00

Citation: 124 So. 3d 947, 2013 WL 5495541, 2013 Fla. App. LEXIS 15681

Snippet: Florida’s claims administration statute, section 627.426. Verizon and Mas-tec also asserted that the exclusions… VILLANTI and KHOUZAM, JJ., Concur. . Section 627.426 was not specifically addressed, but as will become

Geico General Insurance Co. v. Pruitt

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-25T00:00:00-07:00

Citation: 122 So. 3d 484, 2013 WL 5338778, 2013 Fla. App. LEXIS 15201

Snippet: Florida Claims Administration Statute, section 627.426, Florida Statutes (1983). Based on this statutory

Danny's Backhoe Service, LLC v. Auto Owners Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-05-30T00:00:00-07:00

Citation: 116 So. 3d 508, 2013 WL 2350166, 2013 Fla. App. LEXIS 8557

Snippet: excludes the leased equipment, and that section 627.426(2), Florida Statutes, did not require Auto Owners…Owners waived its right to deny coverage, section 627.426, Florida Statutes, provides, in pertinent part:…address of the insured or by hand delivery[.] § 627.426(2)(a), Fla. Stat. (2010). As the Florida Supreme…he term ‘coverage defense,’ as used in section 627.426(2), means a defense to coverage that otherwise

Geico General Insurance Co. v. Harvey

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-23T00:00:00-08:00

Citation: 109 So. 3d 236, 2013 WL 238162

Snippet: provisions of s. 627.426(2) or defended under a reservation of rights pursuant to s. 627.426(2). Id. “The

Liberty Insurance Corp. v. Milne

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-01T00:00:00-07:00

Citation: 98 So. 3d 613, 2012 WL 3101718, 2012 Fla. App. LEXIS 12532

Snippet: provisions of s. 627.426(2) or defended under a reservation of rights pursuant to s. 627.426(2). A copy of