Florida Statutes

Fla. Stat. § 627.7263 (2025)

Rental and leasing driver’s insurance to be primary; exception.

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627.7263 Rental and leasing driver’s insurance to be primary; exception.—

(1) The valid and collectible liability insurance or personal injury protection insurance providing coverage for the lessor of a motor vehicle for rent or lease is primary unless otherwise stated in at least 10-point type on the face of the rental or lease agreement. Such insurance is primary for the limits of liability and personal injury protection coverage as required by ss. 324.021(7) and 627.736.

(2) If the lessee’s coverage is to be primary, the rental or lease agreement must contain the following language, in at least 10-point type:

“The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.”

History.—s. 1, ch. 76-56; s. 3, ch. 76-168; s. 1, ch. 77-174; s. 1, ch. 77-457; s. 29, ch. 77-468; ss. 2, 3, ch. 81-318; ss. 563, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318; s. 1, ch. 95-157.

Notes of Decisions

Cited in 62 cases (1 in the last 5 years), 1980–2024 · leading case: Allstate Ins. Co. v. RJT Enter., Inc., 692 So. 2d 142 (Fla. 1997).

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Allstate Ins. Co. v. RJT Enter., Inc., 692 So. 2d 142 (Fla. 1997). · cites it 9× “In 1976 the legislature adopted section 627.7263, Florida Statutes (1977), which allowed the owner to shift that responsibility to the renter, provided the rental contract contained the appropriate statutory language.”

Patton v. Lindo's Rent-A-Car, Inc., 415 So. 2d 43 (Fla. 2d DCA 1982). · cites it 12× “This is an interlocutory appeal from a summary judgment on a cross-claim holding that the lessee of a motor vehicle was obligated to provide primary liability insurance coverage on a rented vehicle notwithstanding the lessor's failure to comply with section 627.7263, Florida…”

Grant v. New Hampshire Ins. Co., 613 So. 2d 466 (Fla. 1993). · cites it 14× “The rental agreement contains the following provision invoking section 627.7263, Florida Statutes: [1] NOTICE: SECTION 627.”

Guemes v. Biscayne Auto Rentals, Inc., 414 So. 2d 216 (Fla. 3d DCA 1982). · cites it 7× “[2] With respect to the coverage question, South Carolina contends that Biscayne did not sufficiently comply with Section 627.7263, Florida Statutes (1977) so as to shift its primary [statutory] responsibility from Biscayne and place it upon South Carolina.”

Maryland Cas. Co. v. Reliance Ins. Co., 478 So. 2d 1068 (Fla. 1985). · cites it 6× “The issue of whether Reliance or Maryland is responsible for the primary layer of coverage is determined by section 627.7263, Florida Statutes (1981), which reads as follows: Rental and leasing driver's insurance to be primary; exception.”

Sentry Indem. Co. v. Hartford Acc. & Ins. Co., 425 So. 2d 652 (Fla. 5th DCA 1983). · cites it 9× “Thereafter Hartford cross-claimed for a declaratory decree that Sentry's policy exclusion was void because of section 627.7263, Florida Statutes (1981), and therefore Sentry was the primary insurer of the vehicle and had the duty to defend.”

RJT Enter., Inc. v. Allstate Ins. Co., 650 So. 2d 56 (Fla. 4th DCA 1994). · cites it 19× “Appellee is the renter’s automobile liability insurer which the' trial court held had no obligation to defend appellant in the above action, notwithstanding the provision of the 1987 rental agreement which the parties hereto stipulated to be in compliance with section 627.7263,…”

Reliance Ins. Co. v. Maryland Cas. Co., 453 So. 2d 854 (Fla. 4th DCA 1984). · cites it 6× “The only question presented concerns the proper interpretation of Section 627.7263, Florida Statutes (1981); (1) The valid and collectible liability insurance or personal injury protection insurance providing coverage for the lessor of a motor vehicle for rent or lease shall be…”

P & H Veh. Rental, Etc. v. Garner, 416 So. 2d 503 (Fla. 5th DCA 1982). · cites it 5× “The trial court found that Pennsylvania had primary coverage as the lessor's insurer because the rental agreement did not properly shift that burden to the lessee under section 627.7263, Florida Statutes (1981).”

Sunshine Dodge, Inc. v. Ketchem, 445 So. 2d 395 (Fla. 5th DCA 1984). · cites it 4× “7263, Florida Statutes (1981), provides that an automobile lessor's insurer is primarily liable unless the lease agreement states in bold type that the lessee has the responsibility for primary insurance coverage. Sunshine is the named lessor under the lease agreement charged…”

Miami Stage Lighting v. Budget Rent-a-car, 712 So. 2d 1135 (Fla. 3d DCA 1998). · cites it 9× “Section 627.7263, permits lessors to shift the burden of providing primary insurance coverage for leased vehicles to lessees.”

Gray v. Major Rent-A-Car, Inc., 563 So. 2d 176 (Fla. 5th DCA 1990). · cites it 10× “Section 627.7263, Florida Statutes (1987) provides as follows: 627.”

Show all 62 citing cases →

— 627.7263(1) — 8 cases

Mccue v. Diversified Servs. Inc., 622 So. 2d 1372 (Fla. 4th DCA 1993).

Progressive Exp. Ins. Co. v. Devitis, 924 So. 2d 878 (Fla. 4th DCA 2006).

Exec. Car & Truck Leas. v. Deserio, 470 So. 2d 21 (Fla. 4th DCA 1985).

Mondello v. Liberty Mut. Ins., 507 So. 2d 1178 (Fla. 2d DCA 1987).

RJT Enter., Inc. v. Allstate Ins. Co., 650 So. 2d 56 (Fla. 4th DCA 1994). “Appellee is the renter’s automobile liability insurer which the' trial court held had no obligation to defend appellant in the above action, notwithstanding the provision of the 1987 rental agreement which the parties hereto stipulated to be in compliance with section 627.7263,…”

— 627.7263(2) — 4 cases

Miami Stage Lighting v. Budget Rent-a-car, 712 So. 2d 1135 (Fla. 3d DCA 1998). “Section 627.7263, permits lessors to shift the burden of providing primary insurance coverage for leased vehicles to lessees.”

Budget Rent-a-car v. State Farm Auto Ins., 727 So. 2d 287 (Fla. 2d DCA 1999).

Patterson ex rel. Patterson v. FirstLease, Inc., 109 So. 3d 226 (Fla. 2d DCA 2012).

Prime Prop. & Cas. Ins., Inc. v. Old Repub. Ins. Co. (S.D. Fla. 2024).

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