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The 2025 Florida Statutes
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F.S. 627.607627.607 Time limit on certain defenses.—(1) The contract shall include the following provision:“Time Limit on Certain Defenses: After 2 years from the issue date, only fraudulent misstatements in the application may be used to void the policy or deny any claim for loss incurred or disability starting after the 2-year period.” (2) A policy may, in place of the provision set forth in subsection (1), include the following provision:“Incontestable: (a) Misstatements in the Application: After this policy has been in force for 2 years during the insured’s lifetime (excluding any period during which the insured is disabled), the insurer cannot contest the statements in the application. (b) Preexisting Conditions: No claim for loss incurred or disability starting after 2 years from the issue date will be reduced or denied because a sickness or physical condition, not excluded by name or specific description before the date of loss, had existed before the effective date of coverage.” History.—s. 550, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 456, 497, 809(2nd), ch. 82-243; s. 79, ch. 82-386; ss. 56, 114, ch. 92-318.
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Annotations, Discussions, Cases:
Cases Citing Statute 627.607
Total Results: 6
681 So. 2d 747, 1996 WL 425720
District Court of Appeal of Florida | Filed: Jul 31, 1996 | Docket: 1722272
Cited 12 times | Published
the insurance policy was in conflict with section 627.607, Florida Statutes (Supp.1992).[1] She contended
419 So. 2d 800, 1982 Fla. App. LEXIS 21273
District Court of Appeal of Florida | Filed: Sep 28, 1982 | Docket: 1754024
Cited 7 times | Published
Affirmed in part, reversed in part.
NOTES
[1] § 627.607, Fla. Stat. (1975).
[2] For reasons unapparent
899 So. 2d 331, 2005 Fla. App. LEXIS 2241, 2005 WL 433201
District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 755871
Cited 3 times | Published
two-year contestable period in the policy. See § 627.607, Fla. Stat. (2001). Following her husband's death
551 So. 2d 535, 1989 WL 110936
District Court of Appeal of Florida | Filed: Sep 26, 1989 | Docket: 2518148
Cited 3 times | Published
the subject insurance policy, as required by Section 627.607, Florida Statutes (1987), clearly precludes
864 So. 2d 442, 2003 Fla. App. LEXIS 16695, 2003 WL 22493857
District Court of Appeal of Florida | Filed: Nov 5, 2003 | Docket: 64827633
Published
policy’s incontestability clause, pursuant to section 627.607, Florida Statutes (2002), because the policy
144 F. Supp. 2d 1375, 2001 U.S. Dist. LEXIS 8112, 2001 WL 681300
District Court, S.D. Florida | Filed: Jun 13, 2001 | Docket: 2183839
Published
clause is mandated by Florida law. See FLA.STAT. § 627.607.[1]
In addition to the required incontestability/preexisting
