Florida Statute 627.607 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.607

627.607 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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Amendments to 627.607

Arrestable Offenses / Crimes under Fla. Stat. 627.607

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.607.

Annotations, Discussions, Cases:

Cases Citing Statute 627.607

Total Results: 5

Stewart v. Midland Life Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 2005-02-25

Citation: 899 So. 2d 331, 2005 Fla. App. LEXIS 2241, 2005 WL 433201

Snippet: two-year contestable period in the policy. See § 627.607, Fla. Stat. (2001). Following her husband's death

Paul Revere Life Insurance Co. v. Damus

Court: District Court of Appeal of Florida | Date Filed: 2003-11-05

Citation: 864 So. 2d 442, 2003 Fla. App. LEXIS 16695, 2003 WL 22493857

Snippet: policy’s incontestability clause, pursuant to section 627.607, Florida Statutes (2002), because the policy had

Kaufman v. Mutual of Omaha Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 1996-07-31

Citation: 681 So. 2d 747, 1996 WL 425720

Snippet: insurance policy was in conflict with section 627.607, Florida Statutes (Supp.1992).[1] She contended

DiFranco v. NAT. FOUND. LIFE INS. CO.

Court: District Court of Appeal of Florida | Date Filed: 1989-09-26

Citation: 551 So. 2d 535, 1989 WL 110936

Snippet: subject insurance policy, as required by Section 627.607, Florida Statutes (1987), clearly precludes the

North Miami General Hosp. v. Central Nat. Life Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 1982-09-28

Citation: 419 So. 2d 800, 1982 Fla. App. LEXIS 21273

Snippet: Affirmed in part, reversed in part. NOTES [1] § 627.607, Fla. Stat. (1975). [2] For reasons unapparent