Cases from cite.case.law:

RODRIGUEZ, v. SECURITY NATIONAL INSURANCE CO. INC., 138 So. 3d 520 (Fla. Dist. Ct. App. 2014)

. . . Rodriguez relies for this proposition upon sections 627.728(l)(c) and (4)(a), Florida Statutes (2009) . . . Section 627.728(4)(a) provides: No insurer shall fail to renew a policy unless it mails or delivers to . . . “Nonpayment of premium” is defined in section 627.728(1)(c) as a failure of the named insured to discharge . . . Section 627.728(5), Florida Statutes (2009) provides: United States proof of mailing or certified or . . . In Hepler, the First District construed the “when due” language of section 627.728(l)(c) to “require . . .

TOME, v. STATE FARM FIRE AND CASUALTY COMPANY, a, 125 So. 3d 864 (Fla. Dist. Ct. App. 2013)

. . . filed suit alleging common law breach of contract, statutory breach of contract pursuant to section 627.728 . . . Section 627.728(5), Florida Statutes (2008), provides that “United States postal proof of mailing ... . . . Once an insurer establishes that its notice of intention not to renew complied with subsection 627.728 . . . regarding whether State Farm’s denial of coverage was arbitrary or capricious, contrary to section 627.728 . . .

A. SMITH, v. NEW HAMPSHIRE INDEMNITY COMPANY, a a s o, 60 So. 3d 429 (Fla. Dist. Ct. App. 2011)

. . . Appellant also concedes that NHIC did not fail in its obligations pursuant to section 627.728 relating . . . See § 627.7277; § 627.728 (defining “renewal” as “the issuance and delivery by an insurer of a policy . . . Administrative Code Rule 690-167.002, which provides guidelines for insurers with respect to sections 627.728 . . . Rule 690-167.002(1) provides, in pertinent part: Pursuant to the provisions of Section 627.728, F.S., . . . absolute right to cancel the policy for any reason within sixty days after issuance pursuant to section 627.728 . . .

BANTON, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a, 54 So. 3d 1062 (Fla. Dist. Ct. App. 2011)

. . . mailed a notice of cancellation to his last known address for the Policy as required under section 627.728 . . . material fact as to whether the notice of cancellation was properly issued by State Farm under section 627.728 . . . Section 627.728(3)(a), Florida Statutes, provides in part: No notice of cancellation of a policy to which . . . See § 627.728(3)(a), Fla. Stat. (2008). State Farm cites Frazier v. . . . Section 627.728(3)(a), Florida Statutes (1975), contains the same substantive language as the applicable . . .

BROWN BROWN, INC. v. ESTATE OF EDENFIELD, EDENFIELD,, 36 So. 3d 889 (Fla. Dist. Ct. App. 2010)

. . . For example, section 627.728 requires at least 45 days’ advance notice of nonrenewal of a motor vehicle . . . such notice is not required “[i]f the insurer has manifested its willingness to renew” the policy. § 627.728 . . . Mohan, 764 So.2d 901, 903 (Fla. 5th DCA 2000) (explaining that the provisions of section 627.728 do not . . .

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, v. R. SMITH R., 28 So. 3d 943 (Fla. Dist. Ct. App. 2010)

. . . The only applicable statute in this case is section 627.728(3)(a), Florida Statutes (2005), which requires . . .

UNITED AUTOMOBILE INSURANCE COMPANY, v. SALGADO,, 22 So. 3d 594 (Fla. Dist. Ct. App. 2009)

. . . for summary judgment contending that United failed to cancel the policy in accordance with section 627.728 . . . The trial court further concluded that the notice of cancellation did not comply with section 627.728 . . . AN INSURER’S FAILURE TO COMPLY WITH SECTION 627.728 DOES NOT ABROGATE AN INSURER’S ABILITY TO VOID THE . . . While section 627.728(l)(b) defines the term “renewal,” which is not applicable in this case, the term . . . Specifically, section 627.728(l)(b), Florida Statutes (2003) provides: ''Renewal” or "to renew” means . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. MASHBURN,, 15 So. 3d 701 (Fla. Dist. Ct. App. 2009)

. . . . § 627.728(4)(a), Fla. Stat. (emphasis added). . . . . § 627.728(l)(a), Fla. Stat. . . . Mashburn’s summary judgment motion does not raise the notice issue and does not cite section 627.728. . . .

JACKSON NATIONAL LIFE INSURANCE COMPANY, v. LOVALLO,, 8 So. 3d 1242 (Fla. Dist. Ct. App. 2009)

. . . See § 627.728(4)(a), Fla. . . . except mortgage guaranty, surety, or marine insurance, other than motor vehicle insurance subject to s. 627.728 . . .

WATERS, v. MILLER, d. b. a., 564 F.3d 1355 (11th Cir. 2009)

. . . 54 (Fla. 1st DCA 1974) (construing a “notice of cancellation” required by Florida Statutes section 627.728 . . .

BUELL, v. DIRECT GENERAL INSURANCE AGENCY, INC. Of s,, 267 F. App'x 907 (11th Cir. 2008)

. . . . § 627.728 (void for nonpayment of premium). . . .

RAPPAPORT, v. PROGRESSIVE EXPRESS INSURANCE COMPANY,, 972 So. 2d 970 (Fla. Dist. Ct. App. 2007)

. . . See § 627.728, Fla. Stat. (2003). . . .

LARROQUE, v. MERCURY INSURANCE COMPANY OF FLORIDA, 972 So. 2d 981 (Fla. Dist. Ct. App. 2007)

. . . So.2d 707 (Fla. 4th DCA 1997), and did not otherwise demonstrate that it had complied with section 627.728 . . .

M. WELLMAN, v. GEICO GENERAL INSURANCE COMPANY,, 931 So. 2d 1046 (Fla. Dist. Ct. App. 2006)

. . . judgment hinged on its position that Well-man’s policy was properly cancelled in compliance with section 627.728 . . .

TRANSPORTATION CASUALTY INSURANCE COMPANY, v. ALL AMERICAN AIR FREIGHT, INC. a M. M., 925 So. 2d 396 (Fla. Dist. Ct. App. 2006)

. . . insurer issuing a policy of motor vehicle insurance not covered under the cancellation provisions of s. 627.728 . . .

PARSONS, v. HARBOR SPECIALTY INSURANCE COMPANY,, 839 So. 2d 742 (Fla. Dist. Ct. App. 2003)

. . . It argued that section 627.728S, Florida Statutes (2001), exclusively controls an insurer’s obligation . . .

FLEETWOOD HOMES OF FLORIDA, INC. v. REEVES,, 833 So. 2d 857 (Fla. Dist. Ct. App. 2002)

. . . Stat. (2001) (certain activities at mobile home parks); 627.728, Fla. . . .

FLORES, v. ALLSTATE INSURANCE COMPANY,, 819 So. 2d 740 (Fla. 2002)

. . . We first note that at no time did Allstate seek to cancel the policy pursuant to sections 627.728(2)( . . .

ARIES INSURANCE COMPANY, v. CAYRE,, 785 So. 2d 656 (Fla. Dist. Ct. App. 2001)

. . . The insurer first argues that it fully complied with the notification provisions of subsection 627.728 . . . Section 627.728, Florida Statutes (1995), applies to motor vehicle insurance and provides, in part: ( . . . Id. § 627.728(3)(a), (5) (emphasis added). . . . The insurer argues that in order to comply with subsection 627.728(5), the insurer is allowed to create . . . If there is no proof of mailing which conforms to subsection 627.728(5), it does not follow that the . . .

A. CASTELLON, v. AMERICAN SKYHAWK INSURANCE CO., 785 So. 2d 552 (Fla. Dist. Ct. App. 2001)

. . . See § 627.728(5), Fla. . . .

ALLSTATE INDEMNITY COMPANY, v. MOHAN,, 764 So. 2d 901 (Fla. Dist. Ct. App. 2000)

. . . statutory requirements for issuance of notice of cancellation of insurance policies are found in sections 627.728 . . . See § 627.728(2)(c), Fla. . . . .”); § 627.728(3)(b), Fla. . . . Simply stated, sections 627.728 and 627.7281 establish the procedures to be followed when the insurer . . . m the policy provisions and that the cancellation and notice provisions of the policy and sections 627.728 . . .

FLORES, v. ALLSTATE INSURANCE COMPANY,, 772 So. 2d 4 (Fla. Dist. Ct. App. 2000)

. . . Neither are we persuaded by Flores’s argument that section 627.728, Florida Statutes (1997), provides . . .

BEST MERIDIAN INSURANCE COMPANY, v. TUATY,, 752 So. 2d 733 (Fla. Dist. Ct. App. 2000)

. . . See § 627.728(5), Florida Statutes (1999); Boman v. State Farm Mut. Auto. Ins. . . .

CUMMINS, v. ALLSTATE INDEMNITY COMPANY, a, 732 So. 2d 380 (Fla. Dist. Ct. App. 1999)

. . . that unless an automobile insurer has complied with the notice and explanation requirements of section 627.728 . . .

TINKLER v. ALLSTATE INSURANCE COMPANY,, 693 So. 2d 646 (Fla. Dist. Ct. App. 1997)

. . . The record falls far short of establishing that Allstate complied with section 627.728, Florida Statutes . . .

UNION AMERICAN INSURANCE, CO. v. VERDES,, 667 So. 2d 917 (Fla. Dist. Ct. App. 1996)

. . . . § 627.728(3)(a), Fla.Stat. (1989); § 627.848, Fla.Stat. (1989) (amended 1992, 1993); Insurance Co. . . .

GLENNEY, v. SERVICE INSURANCE COMPANY,, 660 So. 2d 1132 (Fla. Dist. Ct. App. 1995)

. . . Section 627.728(5), Florida Statutes (1993), provides that: “United States postal proof of mailing * . . . We do not find any basis to distinguish Pannunzio in our construction of section 627.728(5). . . . case expressly covered a period of more than 60 days, and that the 45-day notice provision in section 627.728 . . .

CHILTON, v. ATLANTA CASUALTY COMPANY,, 651 So. 2d 190 (Fla. Dist. Ct. App. 1995)

. . . argues that summary judgment was improperly granted since Atlanta Casualty failed to comply with section 627.728 . . . Atlanta Casualty’s position is that Florida Statute 627.728 does not apply in a situation where the policy . . . We agree that the notice of cancellation provisions of section 627.728 do not apply to the circumstances . . .

SOTOMAYOR, v. SEMINOLE CASUALTY INSURANCE COMPANY,, 650 So. 2d 663 (Fla. Dist. Ct. App. 1995)

. . . absolute right to cancel the policy for any reason within sixty days after issuance pursuant to section 627.728 . . .

FIRST STATE INSURANCE COMPANY, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND,, 643 So. 2d 6 (Fla. Dist. Ct. App. 1994)

. . . The Frazier court was required to determine whether the following terms of Florida Statute § 627.728 . . . Section 627.728(3)(a), Florida Statutes (1975) says: No notice of cancellation of a policy to which this . . .

MOTORS INSURANCE CORPORATION, v. MARINO, 623 So. 2d 814 (Fla. Dist. Ct. App. 1993)

. . . liability based upon ineffective cancellation of policy for failure to comply with Florida Statute Section 627.728 . . .

LIDSKY, v. STATE FARM FIRE AND CASUALTY COMPANY,, 604 So. 2d 869 (Fla. Dist. Ct. App. 1992)

. . . Pursuant to section 627.728, Florida Statutes (1987), State Farm notified Lidsky in a timely fashion . . . Section 627.728(4)(c), Florida Statutes (1987), provides that: No insurer shall fail to renew a policy . . .

BANKERS INSURANCE COMPANY, v. H. RAMIREZ,, 597 So. 2d 366 (Fla. Dist. Ct. App. 1992)

. . . cancellation was ineffective because the reason stated on the notice was not authorized by section 627.728 . . . Bankers asserts that the cancellation was effective because section 627.728(2)(c), Florida Statutes ( . . . Ramirez contends that section 627.728(2)(c), Florida Statutes (1989), does not grant insurance companies . . . Section 627.728(2), Florida Statutes (1989), states: (2) No notice of cancellation of a policy shall . . . See § 627.728(2)(c), Fla.Stat. (1989). . . .

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, v. W. MAXWELL,, 523 So. 2d 668 (Fla. Dist. Ct. App. 1988)

. . . Section 627.728(3)(a), Florida Statutes (1981), provided: (3)(a) No notice of cancellation of a policy . . .

ESSEX CRANE RENTAL CORPORATION OF ALABAMA, v. MILLMAN CONSTRUCTION COMPANY, INC., 516 So. 2d 1130 (Fla. Dist. Ct. App. 1987)

. . . Co., 408 So.2d 1044 (Fla.1982), and there is no other basis for recovery against the surety, see §§ 627.728 . . .

DINGLE v. FORTUNE INSURANCE COMPANY,, 516 So. 2d 100 (Fla. Dist. Ct. App. 1987)

. . . . §§ 627.728(3)(c), 627.848(4), Fla.Stat. (1985). . . .

T. BOMAN, Sr. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., 505 So. 2d 445 (Fla. Dist. Ct. App. 1987)

. . . State Farm contends that we have misapprehended the scope of section 627.728 in holding that it applies . . . company sends a notice of cancellation or nonrenewal that complies with the requirements of section 627.728 . . . State Farm’s agreement to renew is consistent with section 627.728, Florida Statutes (1983), and permits . . . Oehmig, 305 So.2d 52 (Fla. 1st DCA 1975) in support of its argument that section 627.728, Florida Statutes . . . In 1982, section 627.728(5) was amended by section 545, chapter 82-243, Laws of Florida, to require that . . . We agree with appellants that section 627.728(5), as amended in 1982, limits the presumption of sufficient . . . Both of the Third District decisions in Woodcock and Difalco involved § 627.728(5), Florida Statutes . . .

HEPLER, v. ATLAS MUTUAL INSURANCE CO., 501 So. 2d 681 (Fla. Dist. Ct. App. 1987)

. . . chapter by section 627.726, Florida Statutes (1983), and contains elaborate provisions in sections 627.728 . . . Section 627.728(1)(b) defines the terms “renewal” or “to renew” to mean “the issuance and delivery by . . . Section 627.728(2) limits the right of the insurer to cancel motor vehicle insurance to three specified . . . Several appellate decisions in this state have held the section 627.728 requirement of ten days notice . . . Since Atlas did not otherwise comply with the nonrenewal provisions of section 627.728 (and, indeed, . . .

TATE, v. HAMILTON INSURANCE COMPANY,, 466 So. 2d 1205 (Fla. Dist. Ct. App. 1985)

. . . First, the circuit court correctly noted that section 627.728, Florida Statutes (1981), which requires . . . That case applied the then-effective version of section 627.728 to a policy providing automobile liability . . . Moreover, it is doubtful that petitioner would prevail even under the amended version, since section 627.728 . . .

HAMILTON INSURANCE COMPANY v. TATE, 6 Fla. Supp. 2d 227 (Fla. Cir. Ct. 1984)

. . . Tate relies upon Section 627.728(3)(a) Florida Statutes in support of his position. . . .

B. WOODCOCK, v. MOTORS INSURANCE CORPORATION,, 422 So. 2d 959 (Fla. Dist. Ct. App. 1982)

. . . . § 627.728(5), Fla.Stat. (1977): Proof of mailing of notice of cancellation, of intention not to renew . . .

SENTRY INSURANCE, a v. R. BROWN, R. BROWN, v. SENTRY INSURANCE, a, 424 So. 2d 780 (Fla. Dist. Ct. App. 1982)

. . . The judgment of the trial court is predicated upon Section 627.728(4)(c), Florida Statutes (1979), which . . . capriciously refuse to renew an insured’s liability insurance policy, through its enactment of Section 627.728 . . .

PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY v. SAFEGUARD MUTUAL INSURANCE COMPANY, 528 F. Supp. 709 (E.D. Pa. 1981)

. . . . §§ 627.728(1)(c) (West). . . .

DIFALCO, v. INDUSTRIAL FIRE CASUALTY INSURANCE COMPANY,, 400 So. 2d 1057 (Fla. Dist. Ct. App. 1981)

. . . appellee had effectively can-celled the appellant’s automobile insurance policy pursuant to Section 627.728 . . . The appellant failed to pay the premium thereon and, in accordance with Section 627.728, Florida Statutes . . .

HART, v. COLONIAL PENN INSURANCE COMPANY,, 397 So. 2d 1208 (Fla. Dist. Ct. App. 1981)

. . . affirm the trial court’s summary final judgment in this insurance dispute on the authority of Section 627.728 . . .

MOTORS INSURANCE CORPORATION, v. B. WOODCOCK,, 394 So. 2d 485 (Fla. Dist. Ct. App. 1981)

. . . procedures in mailing this notice to Woodcock, proof of mailing and proof of cancellation, see Section 627.728 . . .

JACKSON, v. AMERICAN MOTORISTS INSURANCE COMPANY, a M. d b a, 388 So. 2d 584 (Fla. Dist. Ct. App. 1980)

. . . Sec. 627.728, Fla.Stat. . . .

DON SLACK INSURANCE, INC. v. FIDELITY CASUALTY COMPANY OF NEW YORK,, 385 So. 2d 1061 (Fla. Dist. Ct. App. 1980)

. . . The record shows Fidelity failed to send a proper cancellation notice in the form required by section 627.728 . . . UP-CHURCH, J., concur. . § 627.728(3)(a) Fla.Stat. (1979); Martin v. . . .

E. FRAZIER v. STANDARD GUARANTY INSURANCE COMPANY,, 382 So. 2d 392 (Fla. Dist. Ct. App. 1980)

. . . The insurer maintains that Section 627.728(5), Florida Statutes (1975), governs. . . . Section 627.728(3)(a), Florida Statutes (1975) says: No notice of cancellation of a policy to which this . . .

WILLIAMS, v. SECURITY MUTUAL CASUALTY COMPANY,, 377 So. 2d 733 (Fla. Dist. Ct. App. 1979)

. . . or before the expiration date of the policy, (b) no notice to the insured was required under Section 627.728 . . . cancellation” was under these circumstances not required by the terms of the applicable statute, Sec. 627.728 . . .

HARTFORD ACCIDENT AND INDEMNITY COMPANY, v. SHEFFIELD,, 375 So. 2d 598 (Fla. Dist. Ct. App. 1979)

. . . Hartford argues that the expansive definition of “renewal” contained in Sec. 627.728(l)(b), Fla.Stat. . . . Sec. 627.728(1) specifically states that the definitions it contains apply to words “as used in this . . . In fact, the remedial provisions of § 627.728, which restrict insurance companies in cancelling or failing . . . Thus, the statutory definition contained in § 627.728 may not be employed in resolving the present issue . . .

RIOS, v. FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY,, 371 So. 2d 700 (Fla. Dist. Ct. App. 1979)

. . . The un-controverted facts show an effective cancellation pursuant to Section 627.728, Florida Statutes . . .

ALLSTATE INSURANCE COMPANY, v. CRAWFORD, 365 So. 2d 408 (Fla. Dist. Ct. App. 1978)

. . . This right of cancellation is further recognized by Section 627.728(3)(a), Florida Statutes (1973), which . . . Section 627.728(5), Florida Statutes (1973). . . . of premium, or 45 days, if for another cause, thereafter such cancellation shall be effective.” . “§ 627.728 . . . effective unless the reason or reasons for cancellation accompany the notice of cancellation.” .“§ 627.728 . . . fact that appellees received no notice of any cancellation pursuant to the requirements of Section 627.728 . . .

W. WOOLZY v. GOVERNMENT EMPLOYEES INSURANCE COMPANY,, 360 So. 2d 1153 (Fla. Dist. Ct. App. 1978)

. . . The record shows that the trial court merely interpreted the applicable statute [Section 627.728(12), . . . Appellants sought relief below pursuant to Section 627.728(12), Florida Statutes (1975). . . . facts alleged by appellants did not warrant relief under that portion of the statute, i. e., Section 627.728 . . .

TRAVELERS INDEMNITY COMPANY OF RHODE ISLAND, v. J. MIRLENBRINK, 345 So. 2d 417 (Fla. Dist. Ct. App. 1977)

. . . follow the cancellation provisions of the insurance contract and those procedures mandated by Section 627.728 . . . appeal: (1) Whether Travelers was required to comply with the provisions of its policy and Section 627.728 . . . For the same reason, there was no requirement that Travelers comply with Section 627.728(3), Florida . . . here by virtue of Section 627.728(3)(b), which provides: “Nothing in this subsection (3) shall apply . . . Section 627.728(4)(a) requires notice of refusal (by the insurer) to renew, but goes on to provide: This . . .

SAUVAGEOT v. HANOVER INSURANCE COMPANY, a, 308 So. 2d 583 (Fla. Dist. Ct. App. 1975)

. . . . § 627.728 (1973). . . . .

MARTIN O v. RITCHESON GENERAL GUARANTEE INSURANCE COMPANY,, 306 So. 2d 582 (Fla. Dist. Ct. App. 1975)

. . . A NOTICE OF CANCELLATION IN ACCORDANCE WITH THE REQUIREMENTS OF FLORIDA STATUTES 627.728 REGARDLESS OF . . . The two statutes referred to in the certified question provide in material part as follows: “627.728 . . . It is apparent therefore that the legislature intended the provisions of F.S. § 627.728 be applicable . . . The provisions of F.S. § 627.728 describe the manner in which a policy is cancelled by an insurer upon . . . S. § 627.728, regardless of whether or not a premium finance company has sent to the insured a notice . . .

SAFECO INSURANCE COMPANY OF AMERICA, v. M. OEHMIG, a W. Jr. W. Jr., 305 So. 2d 52 (Fla. Dist. Ct. App. 1974)

. . . was ineffective for failure to comply with and give ten days “notice of cancellation” required by § 627.728 . . . Appellee contended and the trial court found that appellant was required by § 627.728, Florida Statutes . . . date, it could only have done so by giving the statutory 10 days’ notice of cancellation required by § 627.728 . . . The 10 day notice of cancellation requirement of § 627.728 is found in paragraph (a) of subsection (3 . . .

Q. STRINGFELLOW A. v. STATE FARM FIRE CASUALTY COMPANY, 295 So. 2d 686 (Fla. Dist. Ct. App. 1974)

. . . Section 627.728(3) (a), Florida Statutes, F.S.A. . . .