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Florida Statute 627.426 | Lawyer Caselaw & Research
F.S. 627.426 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE
Chapter 627
INSURANCE RATES AND CONTRACTS
View Entire Chapter
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.

F.S. 627.426 on Google Scholar

F.S. 627.426 on Casetext

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 from cite.case.law:

HORN LLC, a v. LIBERTY INSURANCE UNDERWRITERS, INC., 391 F. Supp. 3d 1157 (S.D. Fla. 2019)

. . . coverage letters to the iCan plaintiffs, in violation of the Claims Administration Statute ("CAS"), § 627.426 . . .

BRYANT v. GEOVERA SPECIALTY INSURANCE COMPANY,, 271 So. 3d 1013 (Fla. App. Ct. 2019)

. . . (quoting § 627.426(1)(c), Fla. Stat. (2007) ). . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. FELICIANO, 259 So. 3d 957 (Fla. App. Ct. 2018)

. . . 62, 66 (Fla. 3d DCA 2017) (Rothenberg, C.J., specifically concurring), when she wrote: While section 627.426 . . .

ST. PAUL FIRE MARINE INSURANCE COMPANY, v. ROSEN MILLENNIUM, INC., 337 F. Supp. 3d 1176 (M.D. Fla. 2018)

. . . . § 627.426(2). . . . The Florida Supreme Court has held that noncompliance with the notice requirements in section 627.426 . . . Stated differently, " section 627.426 does not create or extend nonexistent coverage." Doe v. . . .

GEICO GENERAL INSURANCE COMPANY, v. MUKAMAL, FOR LACAYO, 230 So. 3d 62 (Fla. Dist. Ct. App. 2017)

. . . result articulated in the majority opinion is mandated by the clear and unambiguous language of section 627.426 . . . its-finding that Geico did "not comply with the' expressfy listed methods of compliance with section 627.426 . . . Pursuant to section 627.426, once Geico sent its reservation of rights notice to assert a coverage defense . . . While section 627.426 is clear and unambiguous, and therefore mandates the result identified by the trial . . . It is unlikely that the Legislature intended such a result when it enacted section 627.426. . . . issue of material fact that GEICO failed to comply with the Claims Administration Statute, section 627.426 . . . The plain and unambiguous language . of section 627.426 states: (2) A liability insurer shall not be . . .

NOVA CASUALTY COMPANY, v. WILSON DEVELOPERS, LLC, a a a d b a a C O a C. Q. a n k a D. a a a, 212 So. 3d 477 (Fla. Dist. Ct. App. 2017)

. . . settlement by the motion of any party, unless the insurer denied coverage under the provisions of s. 627.426 . . . (2) or defended under a reservation of rights pursuant to s. 627.426(2). . . .

EMBROIDME. COM, INC. v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA,, 845 F.3d 1099 (11th Cir. 2017)

. . . . § 627.426, makes sense to me, but it runs counter to the Fourth District’s decision in Nationwide Mut . . . . § 627.426 (1983). . . . Stat. § 627.426(2). . . .

TRAVELERS INDEMNITY COMPANY OF CONNECTICUT St. v. ATTORNEY S TITLE INSURANCE FUND, INC. Co. LLP, LLC,, 194 F. Supp. 3d 1224 (M.D. Fla. 2016)

. . . . § 627.426. . . .

GEICO GENERAL INSURANCE COMPANY, a v. J. KASTENOLZ,, 649 F. App'x 647 (11th Cir. 2016)

. . . . § 627.426, and thereby waived its coverage defense. The Kastenholzes and Mr. . . .

HANOVER INSURANCE COMPANY v. ANOVA FOOD, LLC LLC, v., 173 F. Supp. 3d 1008 (D. Haw. 2016)

. . . . § 627.426(2)(b). . . .

MARONDA HOMES, INC. OF FLORIDA, v. PROGRESSIVE EXPRESS INSURANCE COMPANY,, 118 F. Supp. 3d 1332 (M.D. Fla. 2015)

. . . obligation for Progressive to provide .mutually agreeable counsel pursuant to Florida Statutes, section 627.426 . . .

ALLIED PROFESSIONALS INSURANCE COMPANY, a v. FITZPATRICK M. D. C. J., 169 So. 3d 138 (Fla. Dist. Ct. App. 2015)

. . . settlement by the motion of any party, unless the insurer denied coverage under the provisions of s. 627.426 . . . (2) or defended under a reservation of rights pursuant to s. 627.426(2).... § 627.4136, Fla. . . .

A. CARITHERS, S. v. MID- CONTINENT CASUALTY COMPANY, a, 782 F.3d 1240 (11th Cir. 2015)

. . . . § 627.426(2)(a), which, according to the district court, requires thirty days written notice if an . . . Stat. § 627.426(2)(a) as the basis for denying the motion. . . . Stat. § 627.426(2)(a) was not a proper basis for denying the motion. . . . Stat. § 627.426(2)(a). . . . Stat. § 627.426(2)(a) was error. . . .

ATLANTIC MARINE FLORIDA, LLC, v. EVANSTON INSURANCE COMPANY,, 775 F.3d 1268 (11th Cir. 2014)

. . . . § 627.426(2) (requiring insurers, after providing written notice of their reservation of rights, to . . .

T. PETRO, Jr. v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,, 54 F. Supp. 3d 1295 (N.D. Fla. 2014)

. . . . § 627.426(2). . . . Stat. § 627.426(2)(a), (b)(3). . . . Stat. 627.426, applies only to preclude particular coverage defenses and is therefore not relevant to . . .

LAKE BUENA VISTA VACATION RESORT, L. C. a v. GOTHAM INSURANCE COMPANY, a, 595 F. App'x 914 (11th Cir. 2014)

. . . . § 627.426. . . . There, the Supreme Court of Florida held as follows: Section 627.426(2), by its express terms, applies . . . Therefore, we hold that the term “coverage defense,” as used in § 627.426(2), means a defense to coverage . . .

GEMINI II LTD, v. MESA UNDERWRITERS SPECIALTY INSURANCE CO. R L, 592 F. App'x 803 (11th Cir. 2014)

. . . . § 627.426(2)(a), Mesa waived the late notice defense because its reservation of rights letter did not . . . The relevant portion of § 627.426(2)(a) reads as follows: (2) A liability insurer shall not be permitted . . . Given the contents of the reservations of rights letter, Mesa complied with the requirements of § 627.426 . . .

Dr. J. SWERDLIN, v. FLORIDA MUNICIPAL INSURANCE TRUST,, 162 So. 3d 96 (Fla. Dist. Ct. App. 2014)

. . . with prejudice; and (2) denying the plaintiffs motion for defense cost determination under section 627.426 . . . causes of action for breach of the insurance contract and for defense cost determination under section 627.426 . . . remand for entry of an order granting the plaintiffs motion for defense cost determination under section 627.426 . . .

GEICO GENERAL INSURANCE COMPANY, v. RODRIGUEZ,, 155 So. 3d 1163 (Fla. Dist. Ct. App. 2014)

. . . purported April 2008 ROR constituted a violation of Florida’s Claims Administrations Statute — section 627.426 . . . The trial court determined that Geico violated section 627.426(2)(a), which requires an insurer to assert . . . As the court expressed in AIU: [W]e hold that the term "coverage defense,” as used in section 627.426 . . .

RODRIGO, v. STATE FARM FLORIDA INSURANCE COMPANY,, 144 So. 3d 690 (Fla. Dist. Ct. App. 2014)

. . . . § 627.426(l)(c), Fla. Stat. (2007) (emphasis added). . . .

WESTERN HERITAGE INSURANCE COMPANY, v. MONTANA, N., 30 F. Supp. 3d 1366 (M.D. Fla. 2014)

. . . Western Heritage was prohibited from asserting a coverage defense because it violated Florida Statutes § 627.426 . . .

EMBROIDME. COM, INC. v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA,, 992 F. Supp. 2d 1259 (S.D. Fla. 2014)

. . . . § 627.426(2) (“FCAS”); and that this failure bars Defendant from relying on coverage defenses. . . . Stat. § 627.426 (“FCAS”), which states in relevant part: A liability insurer shall not be permitted to . . . Ann. § 627.426(2) (West). . . . For example, failure to provide timely notice is a “coverage defense” within the meaning of Section 627.426 . . .

BEAZLEY INSURANCE COMPANY, INC. v. BANERJEE A B, 123 So. 3d 1184 (Fla. Dist. Ct. App. 2013)

. . . entered or a settlement is reached” occurs where “the insurer denied coverage under the provisions of s. 627.426 . . . (2) or defended under a reservation of rights pursuant to s. 627.426(2).” § 627.4136(4), Fla. . . .

ESSEX INSURANCE CO. v. INTEGRATED DRAINAGE SOLUTIONS, INC. a a a LLC, a a a, 124 So. 3d 947 (Fla. Dist. Ct. App. 2013)

. . . they alleged that Essex had failed to comply with Florida’s claims administration statute, section 627.426 . . . Section 627.426 was not specifically addressed, but as will become clear, our decision in this case applies . . .

GEICO GENERAL INSURANCE COMPANY, v. PRUITT, St. a k a, 122 So. 3d 484 (Fla. Dist. Ct. App. 2013)

. . . misrepresentation as a defense because it was untimely under the Florida Claims Administration Statute, section 627.426 . . .

MAX SPECIALTY INSURANCE COMPANY, v. A CLEAR TITLE AND ESCROW EXCHANGE, LLC, G. O LLC, LLC,, 114 F. Supp. 3d 1191 (M.D. Fla. 2013)

. . . Section 627.426(2) of the Florida Claims Administrative Statute does not apply to a defense of no coverage . . . Section 627.426(2) does not create coverage “where a particular claim is expressly excluded from coverage . . . Max Specialty relies solely on the criminal acts exclusion to the policy to deny coverage, section 627.426 . . .

DANNY S BACKHOE SERVICE, LLC, v. AUTO OWNERS INSURANCE COMPANY A, 116 So. 3d 508 (Fla. Dist. Ct. App. 2013)

. . . conclude the plain and unambiguous policy language excludes the leased equipment, and that section 627.426 . . . Turning to whether Auto Owners waived its right to deny coverage, section 627.426, Florida Statutes, . . . registered or certified mail sent to the last known address of the insured or by hand delivery[.] § 627.426 . . . “[T]he term ‘coverage defense,’ as used in section 627.426(2), means a defense to coverage that otherwise . . .

GEICO GENERAL INSURANCE COMPANY, v. M. HARVEY,, 109 So. 3d 236 (Fla. Dist. Ct. App. 2013)

. . . settlement by the motion of any party, unless the insurer denied coverage under the provisions of s. 627.426 . . . (2) or defended under a reservation of rights pursuant to s. 627.426(2). . . .

NATIONAL TRUST INSURANCE COMPANY, v. GRAHAM BROTHERS CONSTRUCTION COMPANY, INC. LLP,, 916 F. Supp. 2d 1244 (M.D. Fla. 2013)

. . . defense due to National Trust alleged noncompliance with Florida’s Claims Administration Statute, Section 627.426 . . . Section 627.426(2)(a), Florida Statutes, provides: A liability insurer shall not be permitted to deny . . . Section 627.426(2)(a), Florida Statutes. . . . Section 627.401(2) removes the Policy from the requirements of the Claims Administration Statute, Section 627.426 . . .

NEW HAMPSHIRE INDEMNITY COMPANY, v. D. SCOTT, C., 910 F. Supp. 2d 1341 (M.D. Fla. 2012)

. . . On October 7, 2009, NHIC sent Scott’s father a “reservation-of-rights letter” under Section 627.426, . . .

LIBERTY INSURANCE CORPORATION, v. M. MILNE P., 98 So. 3d 613 (Fla. Dist. Ct. App. 2012)

. . . settlement by the motion of any party, unless the insurer denied coverage under the provisions of s. 627.426 . . . (2) or defended under a reservation of rights pursuant to s. 627.426(2). . . .

MID- CONTINENT CASUALTY COMPANY, a v. BASDEO,, 477 F. App'x 702 (11th Cir. 2012)

. . . . § 627.426, from denying coverage on this basis. . . . Stat. § 627.426(2)(a). . . . Id. § 627.426(2)(b). . . . Stat. § 627.426(2)(b). IV. . . . Stat. § 627.426(2). . . .

GREAT AMERICAN ASSURANCE COMPANY, v. ELLIOTT,, 846 F. Supp. 2d 1258 (M.D. Fla. 2012)

. . . . § 627.426(2). . . .

BODYWELL NUTRITION, LLC, a v. FORTRESS SYSTEMS, LLC, a d b a FSI, 846 F. Supp. 2d 1317 (S.D. Fla. 2012)

. . . the settlement by motion of any party, unless the insurer denied coverage under the provisions of § 627.426 . . . (2) or defended under a reservation of rights pursuant to § 627.426(2). . . .

STATE NATIONAL INSURANCE COMPANY, v. ROBERT,, 71 So. 3d 238 (Fla. Dist. Ct. App. 2011)

. . . settlement by the motion of any party, unless the insurer denied coverage under the provisions of s. 627.426 . . . (2) or defended under a reservation of rights pursuant to s. 627.426(2). . . .

U. S. SPECIALTY INSURANCE COMPANY, v. G. BURD LLP,, 833 F. Supp. 2d 1348 (M.D. Fla. 2011)

. . . . § 627.426(2); see also 14 G. Couch, Cyclopedia of Insurance Law § 202:4 (3d ed. 2005). . . .

MID- CONTINENT CASUALTY COMPANY, a v. BASDEO,, 742 F. Supp. 2d 1293 (S.D. Fla. 2010)

. . . Further, Defendants argue that the FCAS, Section 627.426, Fla. . . . As for the case law Mid-Continent does cite, it pertains to Section 627.426, Fla. . . . Because Mid-Continent ultimately complied with Section 627.426 in this case by denying coverage, the . . . citation to the mutually agreeable attorney aspect of Section 627.426 has no relevance here. . . . Stat. § 627.426. . . .

FALCON TRUST GROUP, INC a v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a, 725 F. Supp. 2d 1363 (S.D. Fla. 2010)

. . . . § 627.426. . . .

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

. . . Two weeks before trial, AIU refused to provide further defense and, in so doing, violated section 627.426 . . .

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, v. SEA QUEST INTERNATIONAL, INC., 676 F. Supp. 2d 1306 (M.D. Fla. 2009)

. . . . § 627.426(2). . . .

OHIO NATIONAL LIFE ASSURANCE CORPORATION, v. LANGKAU, ESTATE OF L. LANGKAU, T., 353 F. App'x 244 (11th Cir. 2009)

. . . Section 627.426(2)(a) of the Florida Statutes precludes a liability insurer from denying coverage based . . . Stat. § 627.426(2)(a) are inapplicable to the instant case. E. . . .

KEENAN HOPKINS SCHMIDT AND STOWELL CONTRACTORS, INC. a v. CONTINENTAL CASUALTY COMPANY,, 653 F. Supp. 2d 1255 (M.D. Fla. 2009)

. . . . § 627.426. See Auto Owners Ins. Co. v. Salvia, 472 So.2d 486, 488 (Fla. 5th Dist.Ct. . . .

UNITED AUTOMOBILE INSURANCE COMPANY, v. SALGADO,, 22 So. 3d 594 (Fla. Dist. Ct. App. 2009)

. . . because it had failed to comply with the requirements of the Claims Administrative Statute, section 627.426 . . .

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

. . . a comprehensive liability policy, due to its noncompliance with the notice requirements of section 627.426 . . . prohibiting AIU from denying coverage because AIU had failed to notify the insured as required by § 627.426 . . . based on an express coverage exclusion has the effect of rewriting an insurance policy when section 627.426 . . . Therefore, we hold that the term ‘coverage defense’ as used in section 627.426(2), means a defense to . . . Defendants also contend that the Block Marina decision is limited to § 627.426 and cite Doe v. . . .

SHARP GENERAL CONTRACTORS, INC. v. MT. HAWLEY INSURANCE COMPANY,, 604 F. Supp. 2d 1360 (S.D. Fla. 2009)

. . . . § 627.426, does not apply to surplus line insurers, like Mt. Hawley. . . . Stat. 627.426(2). In AIU Ins. Co. v. . . . Stat. § 627.426(2)(a). Mt. . . . As such, section 627.426(2)(a) of the CAS would not apply to Mt. . . . [therefore, § 627.426(2) is inapplicable to this case.” . . .

PHILADELPHIA INDEMNITY INSURANCE COMPANY, a v. YACHTSMAN S INN CONDO ASSOCIATION, INC., 595 F. Supp. 2d 1319 (S.D. Fla. 2009)

. . . . § 627.426(2) (2008), provides that "[a] liability insurer shall not be permitted to deny coverage based . . .

MID- CONTINENT CASUALTY COMPANY, v. L. B. KING, d b a, 552 F. Supp. 2d 1309 (N.D. Fla. 2008)

. . . Stat. § 627.426(2) Under Fla. . . . Stat. § 627.426(2)(a). . . . Stat. § 627.426(2). . . . Stat. 627.426. . . . Stat. § 627.426’s notice requirement. D. . . .

GRAHAM, v. LLOYD S UNDERWRITERS AT LONDON,, 964 So. 2d 269 (Fla. Dist. Ct. App. 2007)

. . . Section 627.426(2)(a), Florida Statutes (2004), provides that a liability insurer may not deny coverage . . .

ZURICH AMERICAN INSURANCE COMPANY, a v. FRANKEL ENTERPRISES, INC. a C. B., 509 F. Supp. 2d 1303 (S.D. Fla. 2007)

. . . Even assuming Defendants’ facts to be true, I conclude, as a matter of law, that Section 627.426 does . . . was not issued for delivery or delivered in Florida, Part II of Chapter 626, which includes Section 627.426 . . . The obligations imposed under Section 627.426 apply strictly to a denial of coverage based on a “coverage . . . and “no action” provisions of the policy, and these arguments are “coverage defenses” under Section 627.426 . . . 2004 breaches (the coverage defense) to argue that Zurich had an obligation to comply with Section 627.426 . . .

ROGER KENNEDY CONSTRUCTION, INC. v. AMERISURE INSURANCE COMPANY,, 506 F. Supp. 2d 1185 (M.D. Fla. 2007)

. . . coverage defenses at a later date provided that it complies with the requirements of Florida Statute § 627.426 . . .

A. CHATZ, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA,, 372 B.R. 368 (N.D. Ill. 2007)

. . . . § 627.426(2)(a). . . . Stat. § 627.426(2)(a). . . . The Court in AIU held that “the term ‘coverage defense,’ as used in section 627.426(c), means a defense . . . Stat. § 627.426(2)(a). . . . We note that Federal also incorrectly states that the bankruptcy court “correctly concluded that § 627.426 . . .

HAZEN, v. ALLSTATE INSURANCE COMPANY,, 952 So. 2d 531 (Fla. Dist. Ct. App. 2007)

. . . settlement by the motion of any party, unless the insurer denied coverage under the provisions of s. 627.426 . . . (2) or defended under a reservation of rights pursuant to s. 627.426(2). . . .

In NANOVATION TECHNOLOGIES, INC. v. Co., 347 B.R. 314 (Bankr. N.D. Ill. 2006)

. . . . § 627.426(2)(a) does not have a counterpart in the Illinois statutes, and that a conflict therefore . . . However, § 627.426(2)(a) does not create coverage where none would otherwise exist. . . . International cannot assert this “coverage defense” because the insurer failed to comply with section 627.426 . . . Although we affirm the trial court’s ruling that International failed to comply with section 627.426( . . . Stat. § 627.426(2)(a) does not apply even if Florida law is applicable here. . . .

ROYAL SURPLUS LINES INSURANCE COMPANY, v. COACHMAN INDUSTRIES, INC., 184 F. App'x 894 (11th Cir. 2006)

. . . . § 627.426(2) (2005). . . . Stat. 627.426(2)(a) (2005). . Interestingly, St. . . .

BASIK EXPORTS IMPORTS, INC. v. PREFERRED NATIONAL INSURANCE COMPANY,, 911 So. 2d 291 (Fla. Dist. Ct. App. 2005)

. . . See § 627.426(2), Fla. Stat. (2004). . . . appropriately provided the insured with a defense under a reservation of rights, pursuant to section 627.426 . . .

GRG TRANSPORT, INC. v. CERTAIN UNDERWRITERS AT LLOYD S, LONDON,, 896 So. 2d 922 (Fla. Dist. Ct. App. 2005)

. . . defense by registered or certified mail, as required by the Claims Administration Statute, section 627.426 . . . coverage on that basis because it did not strictly comply with the Claims Administration Statute, section 627.426 . . .

TRAVELERS INDEMNITY COMPANY OF ILLINOIS, v. ROYAL OAK ENTERPRISES, INC. a V. Sr. V. Jr., 344 F. Supp. 2d 1358 (M.D. Fla. 2004)

. . . The Beville court also found support in the Claims Administration Statute, § 627.426(2), Florida Statutes . . . Section 627.426(2) provides, in relevant part, that an insurer "shall not be permitted to deny coverage . . .

TRAVELERS INDEMNITY COMPANY OF ILLINOIS, v. ROYAL OAK ENTERPRISES, INC. a V. Sr. V. Jr., 429 F. Supp. 2d 1265 (M.D. Fla. 2004)

. . . Royal Oak asserts that § 627.426(2), Florida Statutes, creates a duty on the part of an Insurer to obtain . . . Section 627.426(2) reads in pertinent part: A liability insurer shall not be permitted to deny coverage . . . Accordingly, § 627.426(2) cannot serve as a basis for imposing a duty on Travelers to obtain mutually . . .

FLORIDA MUNICIPAL INSURANCE TRUST, v. VILLAGE OF GOLF, a, 850 So. 2d 544 (Fla. Dist. Ct. App. 2003)

. . . We do agree with the insurer, however, that the trial court erred in instructing the jury on section 627.426 . . . Hinestrosa, 614 So.2d 633 (Fla. 4th DCA 1993)(section 627.426(2)(a) does not apply where there is no . . . See § 627.426(l)(c) (“none of the following acts by or on behalf of an insurer shall be deemed to constitute . . . should prefer "false sense of security” as against clear contractual language to the contrary. . § 627.426 . . . The incident occurred in 1995. . § 627.426(2)(a), Fla. Stat. (1995). . . . .

GENERAL SECURITY INSURANCE COMPANY, v. BARRENTINE d b a B B F. L., 829 So. 2d 980 (Fla. Dist. Ct. App. 2002)

. . . The court reasoned that General Security had violated section 627.426(2), Florida Statutes, when it hired . . . court held that General Security could not deny coverage, because it had not complied with section 627.426 . . . Barrentine did not assert a claim of estoppel under section 627.426(2), Florida Statutes. . . . The conditions imposed by section 627.426(2) apply only to the immediate parties to an insurance contract . . .

AUTO OWNERS INSURANCE COMPANY, v. TRAVELERS CASUALTY SURETY COMPANY, v. v., 227 F. Supp. 2d 1248 (M.D. Fla. 2002)

. . . Florida Statute 627.426 The third threshold issue is whether Auto Owners and Northbrook can deny coverage . . . Stat. § 627.426 which provides that a liability insurer shall not be permitted to deny coverage based . . . Stat. § 627.426 does not apply to provide coverage where coverage otherwise does not exist simply because . . . Stat. § 627.426. . . . Stat. § 627.426, this court turns to whether there is coverage under the CGL policies for Reliance’s . . .

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, v. J. BEVILLE, Jr. II,, 825 So. 2d 999 (Fla. Dist. Ct. App. 2002)

. . . Section 627.426(2) bars the carrier from asserting a coverage defense unless the carrier has complied . . . fully with the CAS. § 627.426(2), Fla. . . . See § 627.426(2), Fla. . . .

HARTFORD INSURANCE COMPANY OF THE MIDWEST, v. BELLSOUTH TELECOMMUNICATIONS, INC., 824 So. 2d 234 (Fla. Dist. Ct. App. 2002)

. . . Section 627.426(2) provides: (2) A liability insurer shall not be permitted to deny coverage based on . . . Although there is no dispute that Hartford did not comply with section 627.426, Hartford’s assertion . . . the antistacking clause does not constitute a coverage defense requiring it to comply with section 627.426 . . . , 999-1000 (Fla.1989): We do not believe that the legislature intended, by the enactment of section 627.426 . . . [T]he term “coverage defense,” as used in section 627.426(2), means a defense to coverage that otherwise . . .

C. A. SEGUROS CATATUMBO, v. HERRERA, 812 So. 2d 576 (Fla. Dist. Ct. App. 2002)

. . . settlement by the motion of any party, unless the insurer denied coverage under the provisions of s. 627.426 . . . (2) or defended under a reservation of rights pursuant to s. 627.426(2). . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. JONES,, 789 So. 2d 504 (Fla. Dist. Ct. App. 2001)

. . . So.2d 998 (Fla.1989): We do not believe that the legislature intended, by the enactment of section 627.426 . . .

SCHULTZ, v. AMICA MUTUAL INSURANCE COMPANY,, 778 So. 2d 402 (Fla. Dist. Ct. App. 2001)

. . . Schultzes first argue that Arni-ca is precluded from raising the statute of limitations defense by section 627.426 . . . There is no dispute that Arnica failed to comply with section 627.426. . . . It makes no sense to read section 627.426(2)(a) to apply to such an affirmative defense, since an insured . . . Having decided this case based on our construction of the term “coverage defense” in section 627.426( . . .

COLONY INSURANCE COMPANY, v. G E TIRES SERVICE, INCORPORATED,, 777 So. 2d 1034 (Fla. Dist. Ct. App. 2000)

. . . Nor does Section 627.426(2), Florida Statutes (1997), somehow give rise to coverage for injuries or losses . . . See § 627.426(2)(b)(3), Fla. Stat. (1997); Steadfast Ins. Co. v. . . . There has been no contention that Colony failed to comply with the requirements of section 627.426(2) . . . Section 627.426(2) provides in pertinent part: A liability insurer shall not be permitted to deny coverage . . . "coverage defense" to mean "a defense to coverage that otherwise exists" and holding that "section 627.426 . . .

PIONEER LIFE INSURANCE COMPANY, v. HEIDENFELDT,, 773 So. 2d 75 (Fla. Dist. Ct. App. 2000)

. . . The insurer’s actions were in violation of section 627.426(2)(a), Florida Statutes (1985), which required . . . The supreme court held that the insurer’s failure to comply with the time requirements of section 627.426 . . .

ESSEX HOME MORTGAGE SERVICING CORPORATION, v. J. FRITZ L. N. A., 740 So. 2d 1224 (Fla. Dist. Ct. App. 1999)

. . . 4th DCA 1999) (refusing to consider, for the first time on appeal, lack of compliance with section 627.426 . . .

DeMEO, v. FRENCHY S WORLDWIDE HELMETS, INC. s, 732 So. 2d 12 (Fla. Dist. Ct. App. 1999)

. . . settlement by the motion of any party, unless the insurer denied coverage under the provisions of s. 627.426 . . . (2) or defended under a reservation of rights pursuant to s. 627.426(2). . . . excludes joinder of an insurer as a party defendant when the insurer denied coverage pursuant to section 627.426 . . . DeMeo did not raise the issue of lack of compliance with section 627.426(2), Florida Statutes, before . . .

STEADFAST INSURANCE COMPANY, v. SHERIDAN CHILDREN S HEALTHCARE SERVICES, INC., 34 F. Supp. 2d 1364 (S.D. Fla. 1998)

. . . See § 627.426, Fla. Stat. (1997). . . .

ALMENDRAL, As v. SECURITY NATIONAL INSURANCE COMPANY,, 704 So. 2d 728 (Fla. Dist. Ct. App. 1998)

. . . days of its notification of their loses as prescribed by the Claims Administration Statute, Section 627.426 . . . It has been established that “[s]ection 627.426(2), by its express terms, applies only to a denial of . . . defense of no coverage thusly: Therefore, we hold that the term “coverage defense,” as used in section 627.426 . . . excluded by the terms of the policy, the insurer’s failure to adhere to the requirements of section 627.426 . . .

AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, v. GOLD COAST ELEVATOR, INC. a a, 701 So. 2d 904 (Fla. Dist. Ct. App. 1997)

. . . that when the insurer retained counsel to defend it in the personal injury case, it violated section 627.426 . . .

WIMBERG, Jr. v. CHANDLER, In W. CHANDLER C. PROGRESSIVE AMERICAN INSURANCE CO. v. CHANDLER Jr., 986 F. Supp. 1447 (M.D. Fla. 1997)

. . . Defendants argue that Progressive has failed to comply with Florida Statute § 627.426(2) which regulates . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. STERNBERG,, 699 So. 2d 345 (Fla. Dist. Ct. App. 1997)

. . . We hold that section 627.426, Florida Statutes, does not apply to cases in which an insured is making . . . By its terms the statute applies to cases involving liability insurance: 627.426. . . .

COREGIS INSURANCE COMPANY, v. F. McCOLLUM, F. P. A., 961 F. Supp. 1572 (M.D. Fla. 1997)

. . . Requirements for Denial of Coverage Defendants assert that Plaintiff has failed to comply with Section 627.426 . . . Defendants additionally assert that Plaintiff has also violated Subsection (b) of Florida Statute section 627.426 . . . Therefore, this Court cannot find that Plaintiff’s actions have violated Florida Statute Section 627.426 . . .

PARADISE PLAZA CONDOMINIUM ASSOCIATION, INC. v. THE REINSURANCE CORPORATION OF NEW YORK,, 685 So. 2d 937 (Fla. Dist. Ct. App. 1996)

. . . See § 627.426(2),(b),2, Fla. . . .

AETNA COMMERCIAL INSURANCE COMPANY, v. AMERICAN SIGN CO., 687 So. 2d 834 (Fla. Dist. Ct. App. 1996)

. . . exclusion because it did not notify the appellees it intended to assert that defense as required by section 627.426 . . .

ILLINOIS INSURANCE EXCHANGE v. SCOTTSDALE INSURANCE CO. s,, 679 So. 2d 355 (Fla. Dist. Ct. App. 1996)

. . . Scottsdale defended Tiffany’s under a reservation of rights pursuant to Section 627.426, Florida Statutes . . .

ATLANTIC CASUALTY AND FIRE INSURANCE COMPANY, a v. NATIONAL AMERICAN INSURANCE COMPANY,, 915 F. Supp. 1218 (M.D. Fla. 1996)

. . . It cites to § 627.426(2), Fla.Stat. (1994) (Florida’s “Claims Administration Statute”). . . . Section 627.426(2) creates notice requirements as between the company and its named insured. . . . This court addressed the applicability of § 627.426(2) in Lazzara Oil Co. v. Columbia Cas. . . . , this court cited to a Florida case which held that, “[t]he legislature did not intend, by section 627.426 . . . otherwise exist or that coverage which does not otherwise exist, can be created by a violation of § 627.426 . . .

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, v. KEEN, 658 So. 2d 1101 (Fla. Dist. Ct. App. 1995)

. . . . § 627.426(2), Fla.Stat. (1993). . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. C. M. D. v. E. KINSEY, Jr., 655 So. 2d 1191 (Fla. Dist. Ct. App. 1995)

. . . settlement by the motion of any party, unless the insurer denied coverage under the provisions of s. 627.426 . . . (2) or defended under a reservation of rights pursuant to s. 627.426(2). . . .

DOE, DOE, a v. ALLSTATE INSURANCE COMPANY,, 653 So. 2d 371 (Fla. 1995)

. . . AIU only addresses whether noncompliance with the notice requirements of section 627.426(2), Florida . . . We concluded that an insurer’s failure to comply with the requirements of section 627.426 will not preclude . . . AIU simply recognizes that section 627.426 does not create or extend nonexistent coverage. . . .

SCOTTSDALE INSURANCE COMPANY, v. DEER RUN PROPERTY OWNER S ASSOCIATION, INC. a, 642 So. 2d 786 (Fla. Dist. Ct. App. 1994)

. . . of its failure to comply with the notice requirements of the claims administration statute, section 627.426 . . .

NATIONAL FIRE INS. v. A. BARTOLAZO, M. D., 27 F.3d 518 (11th Cir. 1994)

. . . National sent to Barto-lazo a reservation of rights letter required under Section 627.426(2), Florida . . .

BRITAMCO UNDERWRITERS, INC. v. CENTRAL JERSEY INVESTMENTS, INC. a d b a s,, 632 So. 2d 138 (Fla. Dist. Ct. App. 1994)

. . . defenses, while affording its insured a defense, pursuant to the Claims Administration Statute, section 627.426 . . .

R. PATRY J. M. a v. L. CAPPS, M. D. L. M. D. P. A., 618 So. 2d 261 (Fla. Dist. Ct. App. 1993)

. . . authored an opinion which held that timely, actual written notice of a coverage defense under section 627.426 . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. HINESTROSA, 614 So. 2d 633 (Fla. Dist. Ct. App. 1993)

. . . alleged estoppel and waiver as defenses, arguing that State Farm had failed to comply with sections 627.426 . . . for coverage is that State Farm failed to comply with the “Claims Administration Statute,” section 627.426 . . . a comprehensive liability policy, due to its noncompliance with the notice requirements of section 627.426 . . . The court held: We do not believe that the legislature intended, by the enactment of section 627.426( . . .

SOURAN, v. TRAVELERS INSURANCE COMPANY, SOURAN, R. J. M. P. v. TRAVELERS INSURANCE COMPANY,, 982 F.2d 1497 (11th Cir. 1993)

. . . . § 627.426. . . .

INDEPENDENT FIRE INSURANCE COMPANY, v. S. ARVIDSON C., 604 So. 2d 854 (Fla. Dist. Ct. App. 1992)

. . . As to applicability of the provisions of the Claims Administration Statute, section 627.426, Florida . . .

UNION GENERAL INSURANCE COMPANY, v. LORENZO,, 598 So. 2d 161 (Fla. Dist. Ct. App. 1992)

. . . Union General, arguing that by denying PIP coverage, Union General had failed to comply with section 627.426 . . . Stat. 627.426, and is thus precluded from denying coverage to the plaintiff under the policy at issue . . . On appeal, Union General asserts that because section 627.426, Florida Statutes (1991), only applies . . . Section 627.426(2), Florida Statutes (1991), states: (2) A liability insurer shall not be permitted to . . . Therefore, Union General’s alleged non-compliance with section 627.426(2) has no bearing on the first . . .

PROGRESSIVE AMERICAN INSURANCE COMPANY, a v. PAPASODERO,, 587 So. 2d 500 (Fla. Dist. Ct. App. 1991)

. . . not deny her coverage based upon its noncompliance with the Claims Administration Statute, section 627.426 . . . to provide mutually agreeable independent counsel under the Claims Administration Statute, section 627.426 . . . SCHEB, A.C.J., and HALL, J., concur. .Section 627.426(2), Florida Statutes (1987), provides: (2) A liability . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. B. BROWN,, 767 F. Supp. 1151 (S.D. Fla. 1991)

. . . . § 627.426; and (3) collateral estoppel. . . . Violation of Fla.Stat. § 627.426 Section 627.426 of the Florida statutes states that an insurer may not . . . Fla.Stat. § 627.426(2)(b)(3). . . . The petitioner, on the other hand, states that § 627.426(2) does not even apply to this situation. . . .

NORTH AMERICAN BIOLOGICALS INC. v. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU,, 931 F.2d 839 (11th Cir. 1991)

. . . . § 627.426(2) (1982), and that, accordingly, Wausau had the right to assert, as a substantive defense . . . dated May 23, 1988 from Wausau to appellants, of the refusal of the District Court to apply Fla.Stat. § 627.426 . . . In so doing, we find it unnecessary to determine whether, pursuant to Fla.Stat. § 627.426(2), Wausau . . .

BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC. v. L. MING,, 579 So. 2d 771 (Fla. Dist. Ct. App. 1991)

. . . However, it is interesting to note that section 627.426(2), Florida Statutes (1985) provides that a liability . . .

FLORIDA PHYSICIANS INSURANCE COMPANY, v. L. STERN, M. D. PHYSICIANS PROTECTIVE TRUST FUND, v. FLORIDA PHYSICIANS INSURANCE COMPANY L. M. D., 563 So. 2d 156 (Fla. Dist. Ct. App. 1990)

. . . STERN, M.D. by its failure to comply with the mandatory requirements of Sec. 627.426(2) Fla.Stat. because . . . Section 627.426(2) provides, in pertinent part: A liability insurer shall not be permitted to deny coverage . . . FPIC’s letter, sent over a month later, failed to meet the requirements of section 627.426. . . . knowledge of a coverage defense and when the court determined PPTF had failed to comply with section 627.426 . . . The Court further finds that PPTF failed to comply with the mandatory requirements of Sec. 627.426 Fla.Stat . . .

CONSOLIDATED AMERICAN INSURANCE COMPANY, INC. v. HENDERSON,, 559 So. 2d 662 (Fla. Dist. Ct. App. 1990)

. . . that the insurer had waived the coverage defense pursuant to the Claims Administration Act, section 627.426 . . .

AIRMANSHIP, INC. v. UNITED STATES AVIATION UNDERWRITERS, INC., 559 So. 2d 89 (Fla. Dist. Ct. App. 1990)

. . . USAU was not required to furnish notice of its denial of liability as specified in section 627.426(2) . . .

FANS AND STOVES OF JACKSONVILLE, INC. v. AETNA CASUALTY AND SURETY COMPANY,, 549 So. 2d 1178 (Fla. Dist. Ct. App. 1989)

. . . damages resulting from the insurer’s failure to comply with the claims administration statute, Section 627.426 . . . coverage, ap-pellee did not send its notice by registered or certified mail as required by Section 627.426 . . . Section 627.426, Florida Statutes (1987), makes no reference to attorney fees, the only express penalty . . . We do not believe that it was the legislature’s intent that section 627.426(2) change this long-standing . . . Therefore, we hold that the term “coverage defense,” as used in section 627.426(2), means a defense to . . .

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, v. S. GOLDMAN, J., 548 So. 2d 790 (Fla. Dist. Ct. App. 1989)

. . . The trial court’s order further determined that section 627.426(2), Florida Statutes (Supp. 1982) precluded . . . coverage under the policy because it failed to comply with the Claims Administration Statute, section 627.426 . . . insured, by certified or registered mail, written notice of its right to assert a coverage defense. § 627.426 . . . So.2d 998 (Fla.1989): We do not believe that the legislature intended, by the enactment of section 627.426 . . . Therefore, we hold that the term “coverage defense,” as used in section 627.426(2), means a defense to . . .