Florida Statute 627.727 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.727

627.727 Motor vehicle insurance; uninsured and underinsured vehicle coverage; insolvent insurer protection.—

(1) No motor vehicle liability insurance policy which provides bodily injury liability coverage shall be delivered or issued for delivery in this state with respect to any specifically insured or identified motor vehicle registered or principally garaged in this state unless uninsured motor vehicle coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, or disease, including death, resulting therefrom. However, the coverage required under this section is not applicable when, or to the extent that, an insured named in the policy makes a written rejection of the coverage on behalf of all insureds under the policy. When a motor vehicle is leased for a period of 1 year or longer and the lessor of such vehicle, by the terms of the lease contract, provides liability coverage on the leased vehicle, the lessee of such vehicle shall have the sole privilege to reject uninsured motorist coverage or to select lower limits than the bodily injury liability limits, regardless of whether the lessor is qualified as a self-insurer pursuant to s. 324.171. Unless an insured, or lessee having the privilege of rejecting uninsured motorist coverage, requests such coverage or requests higher uninsured motorist limits in writing, the coverage or such higher uninsured motorist limits need not be provided in or supplemental to any other policy which renews, extends, changes, supersedes, or replaces an existing policy with the same bodily injury liability limits when an insured or lessee had rejected the coverage. When an insured or lessee has initially selected limits of uninsured motorist coverage lower than her or his bodily injury liability limits, higher limits of uninsured motorist coverage need not be provided in or supplemental to any other policy which renews, extends, changes, supersedes, or replaces an existing policy with the same bodily injury liability limits unless an insured requests higher uninsured motorist coverage in writing. The rejection or selection of lower limits shall be made on a form approved by the office. The form shall fully advise the applicant of the nature of the coverage and shall state that the coverage is equal to bodily injury liability limits unless lower limits are requested or the coverage is rejected. The heading of the form shall be in 12-point bold type and shall state: “You are electing not to purchase certain valuable coverage which protects you and your family or you are purchasing uninsured motorist limits less than your bodily injury liability limits when you sign this form. Please read carefully.” If this form is signed by a named insured, it will be conclusively presumed that there was an informed, knowing rejection of coverage or election of lower limits on behalf of all insureds. The insurer shall notify the named insured at least annually of her or his options as to the coverage required by this section. Such notice shall be part of, and attached to, the notice of premium, shall provide for a means to allow the insured to request such coverage, and shall be given in a manner approved by the office. Receipt of this notice does not constitute an affirmative waiver of the insured’s right to uninsured motorist coverage where the insured has not signed a selection or rejection form. The coverage described under this section shall be over and above, but shall not duplicate, the benefits available to an insured under any workers’ compensation law, personal injury protection benefits, disability benefits law, or similar law; under any automobile medical expense coverage; under any motor vehicle liability insurance coverage; or from the owner or operator of the uninsured motor vehicle or any other person or organization jointly or severally liable together with such owner or operator for the accident; and such coverage shall cover the difference, if any, between the sum of such benefits and the damages sustained, up to the maximum amount of such coverage provided under this section. The amount of coverage available under this section shall not be reduced by a setoff against any coverage, including liability insurance. Such coverage shall not inure directly or indirectly to the benefit of any workers’ compensation or disability benefits carrier or any person or organization qualifying as a self-insurer under any workers’ compensation or disability benefits law or similar law.

(2) The limits of uninsured motorist coverage shall be not less than the limits of bodily injury liability insurance purchased by the named insured, or such lower limit complying with the rating plan of the company as may be selected by the named insured. The limits set forth in this subsection, and the provisions of subsection (1) which require uninsured motorist coverage to be provided in every motor vehicle policy delivered or issued for delivery in this state, do not apply to any policy which does not provide primary liability insurance that includes coverage for liabilities arising from the maintenance, operation, or use of a specifically insured motor vehicle. However, an insurer issuing such a policy shall make available as a part of the application for such policy, and at the written request of an insured, limits up to the bodily injury liability limits contained in such policy or $1 million, whichever is less.

(3) For the purpose of this coverage, the term “uninsured motor vehicle” shall, subject to the terms and conditions of such coverage, be deemed to include an insured motor vehicle when the liability insurer thereof:

(a) Is unable to make payment with respect to the legal liability of its insured within the limits specified therein because of insolvency;

(b) Has provided limits of bodily injury liability for its insured which are less than the total damages sustained by the person legally entitled to recover damages; or

(c) Excludes liability coverage to a nonfamily member whose operation of an insured vehicle results in injuries to the named insured or to a relative of the named insured who is a member of the named insured’s household.

(4) An insurer’s insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured’s uninsured motorist coverage is in effect when the liability insurer of the tortfeasor becomes insolvent within 4 years after such an accident. Nothing herein contained shall be construed to prevent any insurer from affording insolvency protection under terms and conditions more favorable to its insureds than is provided hereunder.

(5) Any person having a claim against an insolvent insurer as defined in s. 631.54 under this section shall present such claim for payment to the Florida Insurance Guaranty Association only. In the event of a payment to a person in settlement of a claim arising under this section, the association is not subrogated or entitled to recovery against the claimant’s insurer. The association, however, has the rights of recovery as set forth in chapter 631 in the proceeds recoverable from the assets of the insolvent insurer.

(6)(a) If an injured person or, in the case of death, the personal representative agrees to settle a claim with a liability insurer and its insured, and such settlement would not fully satisfy the claim for personal injuries or wrongful death so as to create an underinsured motorist claim, then written notice of the proposed settlement must be submitted by certified or registered mail to all underinsured motorist insurers that provide coverage. The underinsured motorist insurer then has a period of 30 days after receipt thereof to consider authorization of the settlement or retention of subrogation rights. If an underinsured motorist insurer authorizes settlement or fails to respond as required by paragraph (b) to the settlement request within the 30-day period, the injured party may proceed to execute a full release in favor of the underinsured motorist’s liability insurer and its insured and finalize the proposed settlement without prejudice to any underinsured motorist claim.

(b) If an underinsured motorist insurer chooses to preserve its subrogation rights by refusing permission to settle, the underinsured motorist insurer must, within 30 days after receipt of the notice of the proposed settlement, pay to the injured party the amount of the written offer from the underinsured motorist’s liability insurer. Thereafter, upon final resolution of the underinsured motorist claim, the underinsured motorist insurer is entitled to seek subrogation against the underinsured motorist and the liability insurer for the amounts paid to the injured party.

(c) The underinsured motorist insurer is entitled to a credit against total damages in the amount of the limits of the underinsured motorist’s liability policy in all cases to which this subsection applies, even if the settlement with the underinsured motorist under paragraph (a) or the payment by the underinsured motorist insurer under paragraph (b) is for less than the underinsured motorist’s full liability policy limits. The term “total damages” as used in this section means the full amount of damages determined to have been sustained by the injured party, regardless of the amount of underinsured motorist coverage. Nothing in this subsection, including any payment or credit under this subsection, reduces or affects the total amount of underinsured motorist coverage available to the injured party.

(7) The legal liability of an uninsured motorist coverage insurer does not include damages in tort for pain, suffering, mental anguish, and inconvenience unless the injury or disease is described in one or more of paragraphs (a)-(d) of s. 627.737(2).

(8) Insurers may offer policies of uninsured motorist coverage containing policy provisions, in language approved by the office, establishing that if the insured accepts this offer:

(a) The coverage provided as to two or more motor vehicles shall not be added together to determine the limit of insurance coverage available to an injured person for any one accident, except as provided in paragraph (c).

(b) If at the time of the accident the injured person is occupying a motor vehicle, the uninsured motorist coverage available to her or him is the coverage available as to that motor vehicle.

(c) If the injured person is occupying a motor vehicle which is not owned by her or him or by a family member residing with her or him, the injured person is entitled to the highest limits of uninsured motorist coverage afforded for any one vehicle as to which she or he is a named insured or insured family member. Such coverage shall be excess over the coverage on the vehicle the injured person is occupying.

(d) The uninsured motorist coverage provided by the policy does not apply to the named insured or family members residing in her or his household who are injured while occupying any vehicle owned by such insureds for which uninsured motorist coverage was not purchased.

(e) If, at the time of the accident the injured person is not occupying a motor vehicle, she or he is entitled to select any one limit of uninsured motorist coverage for any one vehicle afforded by a policy under which she or he is insured as a named insured or as an insured resident of the named insured’s household.

In connection with the offer authorized by this subsection, insurers shall inform the named insured, applicant, or lessee, on a form approved by the office, of the limitations imposed under this subsection and that such coverage is an alternative to coverage without such limitations. If this form is signed by a named insured, applicant, or lessee, it shall be conclusively presumed that there was an informed, knowing acceptance of such limitations on behalf of all insureds. When the named insured, applicant, or lessee has initially accepted such limitations, such acceptance shall apply to any policy which renews, extends, changes, supersedes, or replaces an existing policy unless the named insured requests deletion of such limitations and pays the appropriate premium for such coverage. Any insurer who provides coverage which includes the limitations provided in this subsection shall file revised premium rates with the office for such uninsured motorist coverage to take effect prior to initially providing such coverage. The revised rates shall reflect the anticipated reduction in loss costs attributable to such limitations but shall in any event reflect a reduction in the uninsured motorist coverage premium of at least 20 percent for policies with such limitations. Such filing shall not increase the rates for coverage which does not contain the limitations authorized by this subsection, and such rates shall remain in effect until the insurer demonstrates the need for a change in uninsured motorist rates pursuant to s. 627.0651.

(9) The damages recoverable from an uninsured motorist carrier in an action brought under s. 624.155 shall include the total amount of the claimant’s damages, including the amount in excess of the policy limits, any interest on unpaid benefits, reasonable attorney’s fees and costs, and any damages caused by a violation of a law of this state. The total amount of the claimant’s damages is recoverable whether caused by an insurer or by a third-party tortfeasor.

History.—s. 1, ch. 61-175; s. 1, ch. 63-148; ss. 13, 35, ch. 69-106; s. 19, ch. 70-20; s. 1, ch. 71-88; s. 182, ch. 71-355; s. 20, ch. 71-970; ss. 3, 4, ch. 73-180; s. 165, ch. 73-333; s. 3, ch. 76-168; s. 3, ch. 76-266; s. 1, ch. 77-457; s. 30, ch. 77-468; s. 1, ch. 78-374; s. 113, ch. 79-40; ss. 2, 3, ch. 79-241; ss. 1, 2, ch. 80-396; ss. 2, 3, ch. 81-318; ss. 544, 563, 809(2nd), ch. 82-243; ss. 66, 79, ch. 82-386; s. 1, ch. 84-41; s. 16, ch. 85-62; s. 7, ch. 86-182; s. 1, ch. 87-213; s. 15, ch. 88-370; s. 2, ch. 89-238; s. 1, ch. 89-243; s. 39, ch. 90-119; ss. 79, 114, ch. 92-318; s. 358, ch. 97-102; s. 1190, ch. 2003-261; s. 30, ch. 2006-12; s. 1, ch. 2013-195; s. 4, ch. 2015-65; s. 21, ch. 2023-15.

F.S. 627.727 on Google Scholar

F.S. 627.727 on Casetext

Amendments to 627.727

Arrestable Offenses / Crimes under Fla. Stat. 627.727

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.727.

Annotations, Discussions, Cases:

Cases Citing Statute 627.727

Total Results: 20

Progressive Select Insurance Company v. Cindy Dunkel

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-20T00:00:00-07:00

Snippet: Progressive’s first argument, we turn to section 627.727, Florida Statutes (2015),2 which requires all …bodily 2 The version of section 627.727, Florida Statutes, in effect on the date of the…coverage is rejected by the named insured. Sections 627.727(1) and (9) detail the process for rejecting UM…coverage and are controlling here. Section 627.727(1) provides, subject to certain exceptions, that… the appropriate premium for such coverage.” § 627.727(9), Fla. Stat. The summary judgment evidence

USAA Casualty Insurance Company v. Emergency Physicians, Inc. d/b/a Emergency Resources Group

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-26T00:00:00-07:00

Snippet: 3d 1106, 1113 (Fla. 2014) (citing § 627.727(9)). Section 627.727(9) expressly requires that insurers … from the insured. In contrast, section 627.727(9), Florida Statutes (2019), regarding uninsured…requirement of a signed approved form in section 627.727(9), but no such requirement in section 627.739,

Hale v. GEICO General Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-05T00:00:00-07:00

Snippet: by Thurman’s policy limits pursuant to section 627.727, Florida Statutes (2020). It also filed two other… in favor of GEICO, finding that under section 627.727, an underinsured motorist carrier is entitled to…did not waive its entitlement to setoff. Section 627.727(6)(c), provides that an underinsured motorist carrier… less than his full liability policy limits. § 627.727(6)(c), Fla. Stat. Nowhere in this statute does … actually paid to him. This is because section 627.727(6) “entitles an insurer to credit for the full

STATE OF FLORIDA v. ANDREW SCOTT CROSE

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-26T00:00:00-08:00

Snippet: ) ("Because the plain language of section 627.727(6)(b) plainly states that an UM carrier 'is

REBECCA HUGHES v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-22T00:00:00-08:00

Snippet: benefits and beyond complying with section 627.727(4). This includes the preparation and provision…claim is considered overdue under section 627.727(4)(b). An insurer has additional time to

Alberta S. Ellison v. Randy Willoughby

Court: Fla. | Date Filed: 2023-11-02T00:00:00-07:00

Snippet: insurance bad faith claim are set out in section 627.727(10): “the total amount of the claimant’s damages

PROGRESSIVE SELECT INSURANCE COMPANY f/b/a PROGRESSIVE AUTO PRO INSURANCE COMPANY v. JANELLE OBER

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-17T23:53:00-08:00

Snippet: In that appeal, the insurer argued section 627.727, Florida Statutes (2009), did not prohibit verbal…without a written rejection in violation of section 627.727. The insurer filed an amended memorandum of

UNITED AUTOMOBILE INSURANCE COMPANY, etc. v. G & O REHABILITATION CENTER, INC., A/A/O MIREDY DIEGUEZ MORENO

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-14T00:53:00-07:00

Snippet: uninsured motorist (“UM”) policy governed by section 627.727, Florida Statutes (2007), which is distinguishable

MARVIN WHITE v. ASCENDANT COMMERCIAL INSURANCE, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-30T00:53:00-07:00

Snippet: uninsured or underinsured pursuant to section 627.727(3), Florida Statutes (2020), thereby making UM…Florida’s uninsured motorist statute, section 627.727(3), provides the circumstances under which a vehicle…consequently is not “uninsured” pursuant to section 627.727(3). Because the School Board was obligated to …court that UM coverage was not triggered. See §627.727(3), Fla. Stat. (2020). 1 The record on appeal

STEVEN COCCARO and SHARON COCCARO v. GEICO GENERAL INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2020-11-11T23:53:00-08:00

Snippet: coverage, commonly referred to as an M9 form. § 627.727(1), Fla. Stat. (2011). A signed M9 form that complies… signing an approved form, pursuant to section 627.727(9), Florida Statutes (2011). Accordingly, Geico…alleging that Geico failed to comply with section 627.727 by not fully advising customers regarding UM coverage…coverage rejection and stacking options under section 627.727(9). Both plaintiffs asked the circuit courts to…form required by Florida Statute Section 627.727 describing the statutorily mandated uninsured

LIBERTY MUTUAL INSURANCE COMPANY, LIBERTY MUTUAL FIRE INSURANCE CO. v. JEFFREY H. WOLFSON

Court: Fla. Dist. Ct. App. | Date Filed: 2020-06-24T00:53:00-07:00

Snippet: section. § 627.727(1), Fla. Stat. (2018) (emphasis added). Although section 627.727(1) does not …similar law” to encompass section 627.727 itself, because section 627.727 is a legislatively-enacted coverage…that is, section 627.727 itself. Thus, as in Langel, we see nothing in section 627.727 which permits one…rights against AIG, and the insurers agreed. See § 627.727(6)(a), Fla. Stat. (2018) (“If an injured person…carrier. That argument lacks merit. Section 627.727(1), Florida Statutes (2018), requiring motor vehicle

American Southern Home Insurance Company v. Louis Philip Lentini, etc.

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: insureds under the policy. § 627.727(1), Fla. Stat. (2015). “[S]ection 627.727(9) provides that an insurer…section 627.727(9). This is important here because Lentini did not use the section 627.727(9) procedure…section 627.727(9) informed consent procedure to limit his policy. Because the section 627.727(9) procedure…below, we hold that the requirements of section 627.727, Florida Statutes (2015), prohibit the limitations… motorist coverage impermissibly under section 627.727. The Fifth District reversed the trial court’s

OWNERS INSURANCE COMPANY v. ALLSTATE FIRE AND CASUALTY INSURANCE CO.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-25T00:53:00-07:00

Snippet: Flores, 819 So. 2d at 744; § 627.727(1). Section 627.727 does not require insurance companies…section 627.727](9) reaches further than the underlying regulatory provision in [section 627.727](1)."…informed-acceptance and reduced-premium requirements of section 627.727(9), Florida Statutes (2013), if the policy does…also extend the same level of UM coverage. See § 627.727(1); Flores v. Allstate Ins. Co., 819 So. 2d 740… insurer offers a reduced premium rate. See § 627.727(9); Gov't Emps. Ins. Co. v. Douglas, 654 So

Eckols v. 21st Century Centennial Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-07T00:00:00-08:00

Citation: 260 So. 3d 1123

Snippet: by the aforesaid exclusion provision. Section 627.727(9)(d), Florida Statutes (2012), provides that insurers…provide less UM coverage than required by section 627.727, they are free to provide more coverage than the

Eckols v. 21st Century Centennial Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-07T00:00:00-08:00

Citation: 260 So. 3d 1123

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. MARIELLE LYDE

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-05T00:53:00-07:00

Snippet: application, see § 627.727(9); Douglas, 654 So. 2d at 120 ("Pursuant to . . . section 627.727(9)(d), Florida…the mother's policy authorized under section 627.727(9), Florida Statutes (2012). As explained below… -4- coverage under Florida Statute § 627.727(9)."3 State Farm further asserted that the…'s policy. Rather, as provided by section 627.727(9) and the Selection/Rejection Form, that provision…State Farm asserted, consistently with section 627.727(9)(b), the UM coverage exclusion under 2.a.—for

GEICO Indem. Co. v. Perez

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-20T00:00:00-07:00

Citation: 260 So. 3d 342

Snippet: requirements of section 627.727(1), and (ii) GEICO was not entitled to section 627.727(1)'s conclusive…concerned application of section 627.727(9) which, unlike section 627.727(1), does not set forth any specific…motorcycle, and, alternately (ii) under section 627.727(1) of the Florida statutes (2013), GEICO was entitled…that, even if GEICO was not entitled to section 627.727(1)'s conclusive presumption so as to prevail…ground. 2. The UM rejection form contains a section 627.727(9)(d) exclusion from UM coverage for non-scheduled

GEICO Indem. Co. v. Perez

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-20T00:00:00-07:00

Citation: 260 So. 3d 342

JOHN H. JERVIS and LINDA JERVIS v. JOSE CASTANEDA and GEICO GENERAL INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-25T00:53:00-07:00

Snippet: Section 627.727, Florida Statutes, lays certain ground rules for UM coverage. Subsection 627.727(1) sets… with the written notice provisions of section 627.727(1) & (9), Florida Statutes (2010), 1 is entitled…correctly points out, the 2010 version of section 627.727 applies here. See Hassen v. State Farm Mut. Auto…GEICO does not comport with Florida statute 627.727 which requires that the insured be provided …mandatory requirements of subsection (1), subsection 627.727(9) contains mandatory requirements for the way

Amica Mutual Insurance Co. v. Willis

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-17T00:00:00-08:00

Citation: 235 So. 3d 1041

Snippet: or selects lower limits in writing. § 627.727(1). Section 627.727(9) sets forth several limitations that…policy of the UM statute as set forth in section 627.727, Florida Statutes (2014). Both parties eventually… 154 So.3d 1106, 1108 n.2 (Fla. 2014). Section 627.727(1) states that “[n]o motor vehicle liability insurance…liability insurance purchased by the named insured.” § 627.727(2). These provisions apply and protect the insured… Id. at 563. The court recognized that section 627.727(9) of the UM statute authorized certain limitations