627.637
Construction of noncomplying contracts.
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627.637 Construction of noncomplying contracts.—If any insurer writes or issues in this state any health insurance contract, as contemplated by this chapter, and the form of such contract is not authorized by or in conformity with the provisions of this chapter, the contract shall nevertheless be a valid and binding contract of the insurer, and shall be construed as though its terms and provisions were in conformity with those required by this chapter, any provision in the contract to the contrary notwithstanding.
History.—s. 580, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 486, 497, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1996–2024 · leading case: Kaufman v. Mutual of Omaha Ins. Co.
Kaufman v. Mutual of Omaha Ins. Co. (1996)
“§ 627.637, Fla. Stat. (1991)(emphasis added); see also 18 Couch on Insurance 2d § 72:22, at 296-97 (Rev.”
Chalfonte Condominium Apartment Ass'n v. QBE Insurance (2007)
“Section 627.637 states that if any insurer in Florida writes a health insurance contract in a form that is not in compliance with the statute, the contract remains valid and “shall be construed as though its term and provisions were in conformity with [the requirements] of this…”
US SEC. INS. v. Magnetic Imaging Sys. (1996)
“"); see also § 627.637, Fla.Stat. (1995). With respect to the second question concerning the arbitrability of the late-payment interest claim, we find that such a claim qualifies as a "claims dispute involving medical benefits arising between the insurer and [a] person [or…”
Beth Wolf, APRN-BC LLC v. CIGNA Health and Life Insurance Company (2024)
“Section 627.637 is entitled “Direct Payment for Hospital, Medical Services” and regulates how insurers should make direct payments to certain medical providers.”
Dunaeveschi v. American Pioneer Life Insurance Co. (2004)
“While the parties have not briefed the point, it may be that section 627.637, Florida Statutes, is applicable in this situation.”
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