Florida Statutes
Fla. Stat. § 627.4265 (2025)
Payment of settlement.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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627.4265 Payment of settlement.—In any case in which a person and an insurer have agreed in writing to the settlement of a claim, the insurer shall tender payment according to the terms of the agreement no later than 20 days after such settlement is reached. The tender of payment may be conditioned upon execution by such person of a release mutually agreeable to the insurer and the claimant, but if the payment is not tendered within 20 days, or such other date as the agreement may provide, it shall bear interest at a rate of 12 percent per year from the date of the agreement; however, if the tender of payment is conditioned upon the execution of a release, the interest shall not begin to accrue until the executed release is tendered to the insurer.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 1985–2025 · leading case: Peraza v. Robles, 983 So. 2d 1189 (Fla. 3d DCA 2008).
Peraza v. Robles, 983 So. 2d 1189 (Fla. 3d DCA 2008). “; see also § 627.4265, Fla. Stat. (2005). As already stated, the plaintiff conceded that she had an obligation to execute a release.”
FIT Aviation, Inc. v. Gleason, 510 So. 2d 1217 (Fla. 5th DCA 1987). “Gleason further alleged that the appellants were acting under the direction of insurance companies and therefore section 627.4265, Florida Statutes (1985) was applicable.”
Thomas v. Reeves Se. Corp., 472 So. 2d 493 (Fla. 2d DCA 1985). “The appellants rely upon section 627.4265, Florida Statutes, in support of their claim to interest.”
Roberts v. Int'l Speedway Corp., 542 So. 2d 446 (Fla. 5th DCA 1989). “Section 627.4265, Florida Statutes (1987) provides: In any case in which a person and an insurer have agreed in writing to the settlement of a claim, the insurer shall tender payment according to the terms of the agreement no later than 20 days after such settlement is reached.”
Otaola v. Cusano's Italian Bakery, 103 So. 3d 993 (Fla. 3d DCA 2012). “• Although I have note [sic] enclosed a release, I am looking for a general release of the insured parties as provided by F.S. 627.4265. This issue will be addressed once we have reviewed the AIG policy and there has been a determination as to AIG’s position with respect to the…”
Ashley v. Gersten, 700 So. 2d 462 (Fla. 4th DCA 1997). “Section 627.4265, Florida Statutes (1995), allows an insurer to condition tender of payment on the execution of a mutually agreeable release.”
Kaiser v. Citizens Ins. Co. (Fla. 1st DCA 2025). “When Citizens took forty days to send him the settlement payment and failed to include a couple-hundred extra dollars for late-payment interest, Kaiser filed a class action complaint under his insurance policy’s “Loss Payment” provision and § 627.4265, Florida Statutes. The Loss…”
Pine Plaza Holdings, LLC v. Benita Benninger Diaz (Fla. 4th DCA 2025). “Below and on appeal, the defendant argues the trial court erred in awarding statutory interest pursuant to section 627.4265, Florida Statutes (2023), because an insurance company was not a party to the settlement agreement.”
Kladke v. Phillips, 535 So. 2d 712 (Fla. 5th DCA 1989). “Phillips filed a motion to enforce the settlement and to award post-settlement interest pursuant to Florida Statute § 627.4265. Appellants responded that Phillips had delayed the tender by not executing a release until December 22, 1987, and by not getting the release to…”
Abe v. Ehrling, 768 So. 2d 1225 (Fla. 3d DCA 2000). “The controlling provision here is section 627.4265, Florida Statutes (1997): “In any case in which a person and an insurer have agreed in writing to the settlement of a claim, the insurer shall tender payment according to the terms of the agreement no later than 20 days after…”
Friedman v. Ace Ins. Co. of Midwest (M.D. Fla. 2024). “40 at 2 (quoting Florida Statute § 627.4265). This statute does not provide Plaintiffs with the relief they are requesting.”
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