Florida Statute 627.455 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.455

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.

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Amendments to 627.455

Annotations, Discussions, Cases:

Cases Citing Statute 627.455

Total Results: 10

Sun Life Assurance Company of Canada v. Imperial Premium Finance, LLC

904 F.3d 1197

Court of Appeals for the Eleventh Circuit | Filed: Sep 18, 2018 | Docket: 7896204

Cited 31 times | Published

policies. See SL SAC ¶¶ 53, 67; see also Fla. Stat. § 627.455 (requiring that all insurance contracts "provide

Pruco Life Insurance Company v. Wells Fargo Bank, N.A.

780 F.3d 1327, 2015 WL 824261

Court of Appeals for the Eleventh Circuit | Filed: Feb 27, 2015 | Docket: 2637876

Cited 26 times | Published

and therefore the incontestability provision of § 627.455 did not bar Pruco’s claim, asserted more than

Allstate Life Insurance Co. v. John Miller

424 F.3d 1113, 2005 U.S. App. LEXIS 20059, 2005 WL 2266803

Court of Appeals for the Eleventh Circuit | Filed: Sep 19, 2005 | Docket: 91794

Cited 17 times | Published

receiving proof of death. As required by Fla. Stat. § 627.455, the policy further provided that it would become

Allstate Life Ins. Co. v. Fox

700 So. 2d 49, 1997 Fla. App. LEXIS 10195, 1997 WL 541161

District Court of Appeal of Florida | Filed: Sep 5, 1997 | Docket: 2518167

Cited 4 times | Published

an incontestability clause as required by section 627.455, Florida Statutes (1991). The clause required

Wells Fargo Bank, N.A. v. Pruco Life Insurance Company

200 So. 3d 1202, 41 Fla. L. Weekly Supp. 403, 2016 Fla. LEXIS 2073, 2016 WL 5242593

Supreme Court of Florida | Filed: Sep 22, 2016 | Docket: 4424427

Cited 3 times | Published

Fla. Const. each life insurance policy, and section 627.455, providing that an insurance policy is incontestable

Fioretti v. Massachusetts General Life Insurance

892 F. Supp. 1492, 1993 U.S. Dist. LEXIS 20889, 1993 WL 786854

District Court, S.D. Florida | Filed: Sep 24, 1993 | Docket: 2140131

Cited 3 times | Published

death by accident or accidental means. Fla.Stat. § 627.455 (1984). We do not think that Bankers Security

Bankers Security Life Insurance Society v. Kane

689 F. Supp. 1164, 1988 U.S. Dist. LEXIS 9797

District Court, S.D. Florida | Filed: Jun 27, 1988 | Docket: 1459552

Cited 2 times | Published

two-year incontestability clauses, Fla.Stat. Section 627.455, and has similarly denied insurers the ability

Pruco Life Insurance Company v. Wells Fargo Bank, N.A.

846 F.3d 1188, 2017 WL 360512

Court of Appeals for the Eleventh Circuit | Filed: Jan 25, 2017 | Docket: 4573675

Published

contestability period mandated by Fla. Stat. § 627.455? 2. Assuming that a party can do so, does

Sciaretta v. Lincoln National Life Insurance

899 F. Supp. 2d 1318, 2012 WL 5195944

District Court, S.D. Florida | Filed: Feb 15, 2012 | Docket: 65985723

Published

death by accident or accidental means. Fla. Stat. § 627.455 (2011). The Policy also contains a provision similar

Bankers Security Life Insurance Society v. Kane

885 F.2d 820

Court of Appeals for the Eleventh Circuit | Filed: Oct 10, 1989 | Docket: 66248342

Published

have been in effect for two years. Fla.Stat. § 627.455 (1984). Appellants correctly argue that the purpose