Florida Statutes
Fla. Stat. § 627.455 (2025)
Incontestability.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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627.455 Incontestability.—Every insurance contract shall provide that the policy shall be incontestable after it has been in force during the lifetime of the insured for a period of 2 years from its date of issue except for nonpayment of premiums and except, at the option of the insurer, as to provisions relative to benefits in event of disability and as to provisions which grant additional insurance specifically against death by accident or accidental means.
History.—s. 482, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 382, 404, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1988–2022 · leading case: Wells Fargo Bank, N.A. v. Pruco Life Ins. Co., 200 So. 3d 1202 (Fla. 2016).
Wells Fargo Bank, N.A. v. Pruco Life Ins. Co., 200 So. 3d 1202 (Fla. 2016). “404 if that challenge is made after expiration of the two-year contestability period mandated by Fla. Stat. § 627.455 ? 2. Assuming that a party can do so, does Fla.”
Sun Life Assurance Co. of Canada v. Imperial Premium Fin., LLC, 904 F.3d 1197 (11th Cir. 2018). “And, unlike limitations periods, the Florida legislature mandates the inclusion of incontestability clauses in insurance contracts, see Fla. Stat. § 627.455 , which strongly indicates that the legislature intended for damages to be available upon their breach.”
Pruco Life Ins. Co. v. Wells Fargo Bank, N.A., 780 F.3d 1327 (11th Cir. 2015). “]” Fla. Stat. § 627.455 . 7 Here, Pruco waited more than four years and seven years to challenge the Berger and Guild policies, respectively, based on the absence of an insurable interest at the time of the policies’ issuance: periods of time that put them well outside the…”
Allstate Life Ins. Co. v. John Miller, 424 F.3d 1113 (11th Cir. 2005). “As required by Fla. Stat. § 627.455 , the policy further provided that it would become incontestable after remaining in force during the lifetime of the insured for a period of two years from its effective date.”
Allstate Life Ins. Co. v. Fox, 700 So. 2d 49 (Fla. 5th DCA 1997). “The decedent's policy contained an incontestability clause as required by section 627.455, Florida Statutes (1991).”
Pruco Life Ins. Co. v. Wells Fargo Bank, N.A., 846 F.3d 1188 (11th Cir. 2017). “404 if that challenge is made after expiration of the two-year contestability period mandated by Fla. Stat. § 627.455 ? 2. Assuming that a party can do so, does Fla.”
Sciaretta v. Lincoln Nat'l Life Ins., 899 F. Supp. 2d 1318 (S.D. Fla. 2012). “Fla. Stat. § 627.455 (2011). The Policy also contains a provision similar to the incontestability statute: We will not contest this policy after it has been in force during the Insured’s lifetime for 2 years from the Issue Date.”
Fioretti v. Massachusetts Gen. Life Ins., 892 F. Supp. 1492 (S.D. Fla. 1993). “Fla.Stat. § 627.455 (1984). We do not think that Bankers Security Life Ins.”
Bankers Sec. Life Ins. Soc'y v. Kane, 689 F. Supp. 1164 (S.D. Fla. 1988). “Such clauses are not the gratuitous act of insurance companies but, rather, the well-settled and accepted result of a legislative mandate which was determined only after years of debate.”
Wharran v. United of Omaha Life Ins. Co. (M.D. Fla. 2022). “See Fla. Stat. § 627.455 ; (Id. 18.) While conducting this investigation, United of Omaha learned that Glen had received five traffic violations and had been convicted for reckless driving within the past five years.”
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