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The 2025 Florida Statutes
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F.S. 627.728627.728 Cancellations; nonrenewals.—(1) As used in this section, the term:(a) “Policy” means the bodily injury and property damage liability, personal injury protection, medical payments, comprehensive, collision, and uninsured motorist coverage portions of a policy of motor vehicle insurance delivered or issued for delivery in this state:1. Insuring a natural person as named insured or one or more related individuals resident of the same household; and 2. Insuring only a motor vehicle of the private passenger type or station wagon type which is not used as a public or livery conveyance for passengers or rented to others; or insuring any other four-wheel motor vehicle having a load capacity of 1,500 pounds or less which is not used in the occupation, profession, or business of the insured other than farming; other than any policy issued under an automobile insurance assigned risk plan or covering garage, automobile sales agency, repair shop, service station, or public parking place operation hazards. The term “policy” does not include a binder as defined in s. 627.420 unless the duration of the binder period exceeds 60 days. (b) “Renewal” or “to renew” means the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term. Any policy with a policy period or term of less than 6 months or any policy with no fixed expiration date shall for the purpose of this section be considered as if written for successive policy periods or terms of 6 months. (c) “Nonpayment of premium” means failure of the named insured to discharge when due any of her or his obligations in connection with the payment of premiums on a policy or any installment of such premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit, or failure to maintain membership in an organization if such membership is a condition precedent to insurance coverage. “Nonpayment of premium” also means the failure of a financial institution to honor an insurance applicant’s check after delivery to a licensed agent for payment of a premium, even if the agent has previously delivered or transferred the premium to the insurer; further, if the dishonored check represents the initial premium payment, the contract shall be void ab initio unless the nonpayment is cured within the earlier of 5 days after actual notice by certified mail is received by the applicant or 15 days after notice is sent to the applicant by certified mail or registered mail, and if the contract is void, any premium received by the insurer from a third party shall be refunded to that party in full. If a dishonored check is made payable to the insurer, the insurer may cancel the policy in accordance with paragraph (3)(a). (2) No notice of cancellation of a policy shall be effective unless it is based on one or more of the following grounds:(a) Nonpayment of premium. (b) Material misrepresentation or fraud. (c) The driver license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under the policy has been under suspension or revocation during the policy period or the 180 days immediately preceding its effective date or, if the policy is a renewal, during its policy period. This subsection shall not apply to any policy which has been in effect less than 60 days at the time notice of cancellation is mailed or delivered by the insurer unless it is a renewal policy. Nothing in this subsection shall apply to nonrenewal. (3)(a) No notice of cancellation of a policy to which this section applies shall be effective unless mailed or delivered by the insurer to the first-named insured and to the first-named insured’s insurance agent at least 45 days prior to the effective date of cancellation, except that, when cancellation is for nonpayment of premium, at least 10 days’ notice of cancellation accompanied by the reason therefor shall be given. No notice of cancellation of a policy to which this section applies shall be effective unless the reason or reasons for cancellation accompany the notice of cancellation. (b) Nothing in this subsection shall apply to nonrenewal. (c) Nothing in this subsection shall apply in cases in which the premium has been financed and the premium finance company has complied with the notice provisions of s. 627.848. (4)(a) No insurer shall fail to renew a policy unless it mails or delivers to the first-named insured, at the address shown in the policy, and to the first-named insured’s insurance agent at her or his business address, at least 45 days’ advance notice of its intention not to renew; and the reasons for refusal to renew must accompany such notice. This subsection does not apply:1. If the insurer has manifested its willingness to renew; or 2. In case of nonpayment of premium. Notwithstanding the failure of an insurer to comply with this subsection, the policy shall terminate on the effective date of any other automobile liability insurance policy procured by the insured with respect to any automobile designated in both policies. Unless a written explanation for refusal to renew accompanies the notice of intention not to renew, the policy shall remain in full force and effect. (b) Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation which existed before the effective date of such renewal. (c) No insurer shall fail to renew a policy for reasons based entirely on the sex, occupation, marital status, residence, military service, or age of the insured, or on the principal place of garaging the insured vehicle in this state, or based on any combination of such factors. No insurer shall fail to renew a policy for reasons based on the race, color, creed, or national origin of the insured or for any reason which is arbitrary or capricious. (d) Instead of canceling or nonrenewing a policy, an insurer may, upon expiration of the policy term, transfer a policy to another insurer under the same ownership or management as the transferring insurer, by giving the first-named insured at least 45 days’ advance notice of its intent to transfer the policy and of the premium and the specific reasons for any increase in the premium. (5) United States postal proof of mailing, certified or registered mailing, or other mailing using the Intelligent Mail barcode or other similar tracking method used or approved by the United States Postal Service of notice of cancellation, of intention not to renew, or of reasons for cancellation, or of the intention of the insurer to issue a policy by an insurer under the same ownership or management, to the first-named insured at the address shown in the policy, are sufficient proof of notice. (6) When a policy is canceled, other than for nonpayment of premium, or in the event of failure to renew a policy to which subsection (4) applies, the insurer shall notify the first-named insured of her or his possible eligibility for insurance through the Automobile Joint Underwriting Association. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew and shall state that such notice of availability of the Automobile Joint Underwriting Association is given pursuant to this section. (7) Except in the case of cancellation for nonpayment of premium or nonrenewal of the policy, the notice of cancellation as provided by this section must contain the following words which are to be prominently displayed: “You are permitted by law to appeal this cancellation. An appeal must be filed no later than 20 days before the effective date of cancellation set forth in this notice. Forms for such appeal and the regulations pertaining thereto may be obtained from the office. The office does not have the authority to extend the effective date of cancellation; therefore you should obtain replacement coverage prior to the effective date of cancellation.” (8)(a) Within 2 working days after receipt of a timely appeal of the notice of cancellation, the office shall initiate a proceeding. If informal procedures fail to resolve the appeal, the office shall, upon request of the insured, call a hearing upon 10 days’ notice to the parties to be held by a disinterested employee of the office. Proceedings pursuant to this subsection are not subject to the provisions of chapter 120. (b) Each insurer subject to this section shall maintain on file with the office the name and address of the person authorized to receive notices pursuant to this section on behalf of the insurer. (c) The office shall, at the conclusion of the proceeding or hearing or not later than 2 working days thereafter, issue its written findings to the parties; and, if it finds for the named insured, it shall either order the insurer to rescind its notice of cancellation or, if the date cancellation is to be effective has elapsed, order the policy reinstated from the date of cancellation, and such coverage shall be continuous to, and shall operate prospectively from, the date of cancellation. However, no policy shall be reinstated while the named insured is in arrears in payment of premium on such policy. If the office finds for the insurer, its written findings shall so state. (d) Reinstatement of a policy under this subsection shall not operate in any way to extend the expiration, termination, or anniversary date provided in the policy. Upon such reinstatement, costs and attorney’s fees may be assessed by the office and paid to the named insured by an insurer who has wrongfully canceled a policy, as determined by the proceeding or hearing provided for in paragraph (c). (9) The office shall deposit all fees provided for in this section into the Insurance Regulatory Trust Fund. (10) No cause of action in the nature of defamation, invasion of privacy, or negligence shall arise against any person for disclosing personal or privileged information in accordance with this section, nor shall such a cause of action arise against any person for furnishing personal or privileged information to an insurance institution, agent, or insurance-support organization; however, this section shall provide no immunity for disclosing or furnishing false information through gross negligence or with malice or willful intent to injure any person. (11) There shall be no liability on the part of, and no cause of any action of any nature shall arise against, any insurer or its authorized representatives, agents, or employees of any firm, person, or corporation furnishing to the insurer or insured information as to reasons for cancellation or refusal to renew, for any statement made by any of them in any written notice of cancellation or refusal to renew, for the providing of information pertaining thereto, or for statements made or evidence submitted at any hearing conducted in connection therewith; provided that this subsection shall provide no immunity for disclosing or furnishing false information through gross negligence or with malice or willful intent to injure any person. (12) No later than 10 business days after termination of a policy subject to this section, the insurer must send written or electronic notice of the termination to all holders of liens on the subject vehicle which lienholders are known to the insurer. Electronic notice is valid only by prior agreement between the insurer and the lienholder. History.—s. 1, ch. 67-148; ss. 13, 35, ch. 69-106; s. 1, ch. 70-213; s. 1, ch. 71-7(B); s. 1, ch. 71-8(B); s. 1, ch. 72-18; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 1, ch. 78-31; ss. 1, 3, 6, ch. 80-363; ss. 2, 3, ch. 81-318; ss. 545, 563, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 2, ch. 85-51; s. 1, ch. 88-211; s. 4, ch. 89-238; ss. 81, 114, ch. 92-318; s. 1, ch. 96-347; s. 4, ch. 96-377; s. 1737, ch. 97-102; s. 4, ch. 97-178; s. 1192, ch. 2003-261; s. 12, ch. 2011-174; s. 2, ch. 2015-158; s. 9, ch. 2018-131. Note.—Former s. 627.0852.
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Annotations, Discussions, Cases:
Cases Citing Statute 627.728
Total Results: 54
375 So. 2d 598, 1979 Fla. App. LEXIS 15851
District Court of Appeal of Florida | Filed: Oct 2, 1979 | Docket: 1352744
Cited 20 times | Published
section." In fact, the remedial provisions of § 627.728, which restrict insurance companies in cancelling
22 So. 3d 594, 2009 Fla. App. LEXIS 10733, 2009 WL 2382408
District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 1639652
Cited 11 times | Published
failed to cancel the policy in accordance with section 627.728, Florida Statutes (2003). At the summary judgment
505 So. 2d 445, 12 Fla. L. Weekly 354, 1987 Fla. App. LEXIS 7299
District Court of Appeal of Florida | Filed: Mar 18, 1987 | Docket: 1236884
Cited 11 times | Published
Farm's agreement to renew is consistent with section 627.728, Florida Statutes (1983), and permits renewal
15 So. 3d 701, 2009 Fla. App. LEXIS 8486, 2009 WL 1856046
District Court of Appeal of Florida | Filed: Jun 30, 2009 | Docket: 1660915
Cited 10 times | Published
refusal to renew must accompany such notice.
§ 627.728(4)(a), Fla. Stat. (emphasis added). This statute
424 So. 2d 780
District Court of Appeal of Florida | Filed: Oct 19, 1982 | Docket: 1708213
Cited 9 times | Published
judgment of the trial court is predicated upon Section 627.728(4)(c), Florida Statutes (1979), which reads
345 So. 2d 417
District Court of Appeal of Florida | Filed: May 4, 1977 | Docket: 1477676
Cited 9 times | Published
contract and those procedures mandated by Section 627.728, Florida Statutes (1975), relating to cancellation
752 So. 2d 733, 2000 WL 313574
District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 1682298
Cited 8 times | Published
proof of notice is now regulated by statute. See § 627.728(5), Florida Statutes (1999); Boman v. State Farm
501 So. 2d 681, 12 Fla. L. Weekly 322
District Court of Appeal of Florida | Filed: Jan 22, 1987 | Docket: 537974
Cited 8 times | Published
giving appropriate notice to the insured. Section 627.728(1)(b) defines the terms "renewal" or "to renew"
320 So. 2d 485
District Court of Appeal of Florida | Filed: Mar 27, 1975 | Docket: 1733762
Cited 8 times | Published
proceeding did not reflect compliance with Section 627.728(5), F.S., regarding proof of mailing of notice
305 So. 2d 52
District Court of Appeal of Florida | Filed: Nov 12, 1974 | Docket: 2518618
Cited 7 times | Published
ten days "notice of cancellation" required by § 627.728, Florida Statutes. Thus, the trial court found
636 So. 2d 75, 1994 WL 90404
District Court of Appeal of Florida | Filed: Mar 22, 1994 | Docket: 2553215
Cited 6 times | Published
ten-day notice of cancellation, required by Section 627.728(3)(a), Florida Statutes (1993). When State
564 F.3d 1355, 2009 U.S. App. LEXIS 7889, 2009 WL 997647
Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2009 | Docket: 227158
Cited 5 times | Published
cancellation" required by Florida Statutes section 627.728, which expressly distinguishes between cancellations
732 So. 2d 380, 1999 Fla. App. LEXIS 2530, 1999 WL 123535
District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1513447
Cited 5 times | Published
the notice and explanation requirements of section 627.728, Florida Statutes, it cannot terminate a motor
466 So. 2d 1205, 10 Fla. L. Weekly 901, 1985 Fla. App. LEXIS 13325
District Court of Appeal of Florida | Filed: Apr 9, 1985 | Docket: 438331
Cited 5 times | Published
First, the circuit court correctly noted that section 627.728, Florida Statutes (1981), which requires that
385 So. 2d 1061, 1980 Fla. App. LEXIS 16518
District Court of Appeal of Florida | Filed: Jun 11, 1980 | Docket: 1337591
Cited 5 times | Published
cancellation notice in the form required by section 627.728(3)(a),[3] Florida Statutes (1979) and the duty
360 So. 2d 1153
District Court of Appeal of Florida | Filed: Jul 25, 1978 | Docket: 1475099
Cited 5 times | Published
merely interpreted the applicable statute [Section 627.728(12), Florida Statutes (1975)] in conjunction
306 So. 2d 582
District Court of Appeal of Florida | Filed: Jan 6, 1975 | Docket: 1720537
Cited 5 times | Published
logic that the above quoted provisions of F.S. § 627.728 are not here applicable because the premium finance
623 So. 2d 814, 1993 WL 331420
District Court of Appeal of Florida | Filed: Aug 31, 1993 | Docket: 1658509
Cited 4 times | Published
for failure to comply with Florida Statute Section 627.728, and upon *815 waiver of its right to rescind
308 So. 2d 583
District Court of Appeal of Florida | Filed: Feb 28, 1975 | Docket: 1673025
Cited 4 times | Published
changes, this section now appears as Fla. Stat. § 627.728 (1973).
[2] With certain additions not pertinent
138 So. 3d 520, 2014 WL 1696186, 2014 Fla. App. LEXIS 6255
District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240700
Cited 3 times | Published
728(l)(c) and (4)(a), Florida Statutes (2009). Section 627.728(4)(a) provides:
No insurer shall fail to renew
394 So. 2d 485, 1981 Fla. App. LEXIS 19553
District Court of Appeal of Florida | Filed: Feb 17, 1981 | Docket: 1315369
Cited 3 times | Published
of mailing and proof of cancellation, see Section 627.728(5), Florida Statutes (1977), would have been
377 So. 2d 733, 1979 Fla. App. LEXIS 16160
District Court of Appeal of Florida | Filed: Nov 20, 1979 | Docket: 2530568
Cited 3 times | Published
no notice to the insured was required under Section 627.728, Florida Statutes (1977), as the insurance
125 So. 3d 864, 2013 WL 1442210, 2013 Fla. App. LEXIS 5712
District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60236098
Cited 2 times | Published
statutory breach of contract pursuant to section 627.728(4)(c), Florida Statutes, (2008), and promissory
785 So. 2d 656, 2001 Fla. App. LEXIS 6188, 2001 WL 485176
District Court of Appeal of Florida | Filed: May 9, 2001 | Docket: 450153
Cited 2 times | Published
of cancellation was effective. We disagree.
Section 627.728, Florida Statutes (1995), applies to motor
764 So. 2d 901, 2000 Fla. App. LEXIS 10248, 2000 WL 1133081
District Court of Appeal of Florida | Filed: Aug 11, 2000 | Docket: 1516324
Cited 2 times | Published
the expiration term of the original policy. See § 627.728(2)(c), Fla. Stat. (1995) ("Nothing in this subsection
772 So. 2d 4, 2000 Fla. App. LEXIS 9201, 2000 WL 1005252
District Court of Appeal of Florida | Filed: Jul 21, 2000 | Docket: 1435485
Cited 2 times | Published
are we persuaded by Flores's argument that section 627.728, Florida Statutes (1997), provides a motor
422 So. 2d 959
District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 2584886
Cited 2 times | Published
policy cancellation was mailed pursuant to Section 627.728, Florida Statutes (1977),[1] the insured's
382 So. 2d 392
District Court of Appeal of Florida | Filed: Apr 9, 1980 | Docket: 1255129
Cited 2 times | Published
of cancellation.
The insurer maintains that Section 627.728(5), Florida Statutes (1975), governs. The statute
295 So. 2d 686, 1974 Fla. App. LEXIS 7141
District Court of Appeal of Florida | Filed: Jun 5, 1974 | Docket: 1762015
Cited 2 times | Published
stated therein... ." Rule 1.510 (e), RCP.
[3] Section 627.728(3)(a), Florida Statutes, F.S.A.
54 So. 3d 1062, 2011 Fla. App. LEXIS 2240, 2011 WL 611844
District Court of Appeal of Florida | Filed: Feb 23, 2011 | Docket: 2129273
Cited 1 times | Published
known address for the Policy as required under section 627.728(3)(a), Florida Statutes (2008). By sworn affidavit
36 So. 3d 889, 2010 Fla. App. LEXIS 7698, 2010 WL 2219729
District Court of Appeal of Florida | Filed: Jun 4, 2010 | Docket: 1156915
Cited 1 times | Published
in the Florida Insurance Code. For example, section 627.728 requires at least 45 days' advance notice of
28 So. 3d 943, 2010 Fla. App. LEXIS 1647, 2010 WL 547156
District Court of Appeal of Florida | Filed: Feb 18, 2010 | Docket: 1167230
Cited 1 times | Published
The only applicable statute in this case is section 627.728(3)(a), Florida Statutes (2005), which requires
650 So. 2d 663, 1995 Fla. App. LEXIS 1176, 1995 WL 51112
District Court of Appeal of Florida | Filed: Feb 10, 1995 | Docket: 64754368
Cited 1 times | Published
within sixty days after issuance pursuant to section 627.728(2)(c), Florida Statutes. Even if this unfettered
365 So. 2d 408, 1978 Fla. App. LEXIS 17133
District Court of Appeal of Florida | Filed: Dec 5, 1978 | Docket: 1691832
Cited 1 times | Published
cancellation pursuant to the requirements of Section 627.728, Florida Statutes (1975). The record also reveals
Supreme Court of Florida | Filed: Feb 9, 2023 | Docket: 66799560
Published
education
programs for insurance professionals); § 627.728(8)(a), Fla. Stat.
(2017) (requiring a “disinterested
District Court of Appeal of Florida | Filed: Feb 10, 2021 | Docket: 59241585
Published
was ineffective. Progressive maintained that
section 627.728 applies only to insurer-initiated cancellations
60 So. 3d 429, 2011 Fla. App. LEXIS 3501, 2011 WL 891918
District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 60300213
Published
did not fail in its obligations pursuant to section 627.728 relating to notices of cancellation; rather
8 So. 3d 1242, 2009 Fla. App. LEXIS 4176, 2009 WL 1175316
District Court of Appeal of Florida | Filed: May 4, 2009 | Docket: 60305447
Published
renew it, some months before his demise.
. See § 627.728(4)(a), Fla. Stat. (2008) ("No insurer shall fail
972 So. 2d 981, 2007 WL 4481537
District Court of Appeal of Florida | Filed: Dec 26, 2007 | Docket: 1160673
Published
otherwise demonstrate that it had complied with section 627.728(5), Florida Statutes (2007) ("United States
972 So. 2d 970, 2007 WL 4481439
District Court of Appeal of Florida | Filed: Dec 26, 2007 | Docket: 1158536
Published
insurance on ordinary passenger vehicles. See § 627.728, Fla. Stat. (2003). Progressive neglected to use
931 So. 2d 1046, 2006 Fla. App. LEXIS 10249, 2006 WL 1720133
District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 1522235
Published
was properly cancelled in compliance with section 627.728, Florida Statutes, and no additional notice
785 So. 2d 552, 2001 Fla. App. LEXIS 2133, 2001 WL 193833
District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 64805434
Published
PER CURIAM.
Affirmed. See § 627.728(5), Fla. Stat. (1996) (“United States postal proof of mailing or
693 So. 2d 646, 1997 Fla. App. LEXIS 4177, 1997 WL 194806
District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 64773444
Published
of establishing that Allstate complied with section 627.728, Florida Statutes (1995), regarding timely
667 So. 2d 917, 1996 Fla. App. LEXIS 893, 1996 WL 47698
District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 64762208
Published
PER CURIAM.
Affirmed. § 627.728(3)(a), Fla.Stat. (1989); § 627.848, Fla.Stat. (1989) (amended 1992,
660 So. 2d 1132, 1995 Fla. App. LEXIS 9338, 1995 WL 521079
District Court of Appeal of Florida | Filed: Sep 6, 1995 | Docket: 64759063
Published
agree with the trial court that they cannot.
Section 627.728(5), Florida Statutes (1993), provides that:
651 So. 2d 190, 1995 Fla. App. LEXIS 1845, 1995 WL 73496
District Court of Appeal of Florida | Filed: Feb 24, 1995 | Docket: 64754620
Published
since Atlanta Casualty failed to comply with section 627.728, Florida Statutes (1991), which requires that
643 So. 2d 6, 1994 Fla. App. LEXIS 8344, 1994 WL 457120
District Court of Appeal of Florida | Filed: Aug 24, 1994 | Docket: 64751211
Published
whether the following terms of Florida Statute § 627.728 had been met:
Proof of mailing of notice of cancellation
604 So. 2d 869, 1992 Fla. App. LEXIS 8645, 1992 WL 191617
District Court of Appeal of Florida | Filed: Aug 11, 1992 | Docket: 64669560
Published
based upon his claim frequency. Pursuant to section 627.728, Florida Statutes (1987), State Farm notified
597 So. 2d 366, 1992 Fla. App. LEXIS 4307, 1992 WL 73791
District Court of Appeal of Florida | Filed: Apr 14, 1992 | Docket: 64666761
Published
stated on the notice was not authorized by section 627.728(2), Florida Statutes (1989). The trial court
523 So. 2d 668, 13 Fla. L. Weekly 703, 1988 Fla. App. LEXIS 1066, 1988 WL 21668
District Court of Appeal of Florida | Filed: Mar 17, 1988 | Docket: 64634186
Published
REMANDED.
DAUKSCH and DANIEL, JJ., concur.
. Section 627.728(3)(a), Florida Statutes (1981), provided:
*670(3)(a)
502 So. 2d 1004, 12 Fla. L. Weekly 580, 1987 Fla. App. LEXIS 6822
District Court of Appeal of Florida | Filed: Feb 19, 1987 | Docket: 64625169
Published
Guaranty gave the requisite notice required by section 627.-728(2)(c) and (5), Florida Statutes (1985). After
400 So. 2d 1057, 1981 Fla. App. LEXIS 20610
District Court of Appeal of Florida | Filed: Jul 21, 1981 | Docket: 64583833
Published
appellant’s automobile insurance policy pursuant to Section 627.728, Florida Statutes (1977).
Industrial issued
397 So. 2d 1208, 1981 Fla. App. LEXIS 19737
District Court of Appeal of Florida | Filed: May 7, 1981 | Docket: 64582463
Published
this insurance dispute on the authority of Section 627.728(4)(a), Florida Statutes:
No insurer shall fail
371 So. 2d 700, 1979 Fla. App. LEXIS 15252
District Court of Appeal of Florida | Filed: Jun 5, 1979 | Docket: 64570489
Published
show an effective cancellation pursuant to Section 627.728, Florida Statutes (1977). It is established
