Florida Statute 627.7282 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.7282

627.7282 Notice of additional premium; cancellation upon nonpayment.—

(1) Upon a determination by an insurer that, in accordance with its rate filings and the applicable laws of this state relating to private passenger motor vehicle insurance, a policyholder has been charged a premium that is incorrect for the coverage set forth in the insurance application, the insurer shall immediately provide notice to the policyholder of the amount of additional premium due to the insurer and that the policyholder has the following options:

(a) The policyholder has a period of 10 days, or a longer period if specified by the insurer, from receipt of the notice within which to pay the additional amount of premium due and thereby maintain the policy in full force under its original terms.

(b) The policyholder has a period of 10 days, or a longer period if specified by the insurer, from receipt of the notice within which to cancel the policy and demand a refund of any unearned premiums.

(c) If the policyholder fails to timely respond to the notice, the insurer shall cancel the policy and return any unearned premium to the insured. The date on which the policy will be canceled shall be stated in the notice and shall in no case be less than 14 days after the date of the notice.

(2) The amount of unearned premium due to the policyholder as a result of cancellation in accordance with subsection (1) shall be calculated on a pro rata basis.

(3) No insurer shall unilaterally alter or modify the policy period for a private passenger automobile insurance policy to provide an expiration date that is prior to the date specified in the policyholder’s application, except as provided in this section.

(4) This section shall not be construed to limit insurers’ rights to cancel in accordance with applicable provisions of the insurance code.

(5) The commission may adopt rules prescribing the format of the notice.

History.—s. 1, ch. 86-252; s. 2, ch. 87-50; s. 114, ch. 92-318; s. 12, ch. 2000-370; s. 1193, ch. 2003-261.

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Amendments to 627.7282

Arrestable Offenses / Crimes under Fla. Stat. 627.7282

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.7282.

Annotations, Discussions, Cases:

Cases Citing Statute 627.7282

Total Results: 12

Smith v. New Hampshire Indemnity Co.

Court: District Court of Appeal of Florida | Date Filed: 2011-03-16

Citation: 60 So. 3d 429, 2011 Fla. App. LEXIS 3501, 2011 WL 891918

Snippet: the trial court erred by finding that section 627.7282, Florida Statutes, does not invalidate the cancellation

Gonzalez v. Eagle Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 2006-09-01

Citation: 948 So. 2d 1, 2006 Fla. App. LEXIS 14719, 2006 WL 2520655

Snippet: contract or policy." A similar statute, section 627.7282(1)(c), dealing with the charging of an incorrect

US SEC. Ins. Co. v. Figueroa

Court: District Court of Appeal of Florida | Date Filed: 2005-10-19

Citation: 917 So. 2d 901, 2005 WL 2656118

Snippet: three options before canceling the policy. See § 627.7282(1), Fla. Stat. (2000). These three options included:

Amstar Ins. Co. v. Cadet

Court: District Court of Appeal of Florida | Date Filed: 2003-10-10

Citation: 862 So. 2d 736, 2003 Fla. App. LEXIS 15221, 2003 WL 22316695

Snippet: misplaced. Bankers held that pursuant to section 627.7282(1)(c), Florida Statutes (2000), the refund of

Lescano v. Southern Group Indemnity, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-04-17

Citation: 813 So. 2d 1037, 2002 Fla. App. LEXIS 4965

Snippet: 1978). Appellant claims that pursuant to section 627.7282, Florida Statutes (1999), *1039which sets forth

BANKERS INS. COMPANY v. General No-Fault Ins., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-04-03

Citation: 814 So. 2d 1119

Snippet: to effect a cancellation of its policy. See § 627.7282(1)(c), Fla. Stat. (2000). Bankers failed to return

Hernandez v. State Farm Fire & Casualty Co.

Court: District Court of Appeal of Florida | Date Filed: 2000-06-28

Citation: 762 So. 2d 551, 2000 Fla. App. LEXIS 8050, 2000 WL 826870

Snippet: and Casualty Co. His suit was based on section 627.7282(1), Florida Statutes (1997), which requires that

Stinson v. United Automobile Insurance

Court: District Court of Appeal of Florida | Date Filed: 1999-05-19

Citation: 734 So. 2d 505, 1999 Fla. App. LEXIS 6441, 1999 WL 312271

Snippet: “three option letter” in conformity with section 627.7282, Florida Statutes (1995) 1, that the “three option

Aries Insurance v. Aleman

Court: District Court of Appeal of Florida | Date Filed: 1997-06-25

Citation: 695 So. 2d 910, 1997 Fla. App. LEXIS 7186, 1997 WL 345652

Snippet: of contract. The trial court found that section 627.7282, Florida Statutes (1993), contained unambiguous

Sotomayor v. Seminole Casualty Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 1995-02-10

Citation: 650 So. 2d 663, 1995 Fla. App. LEXIS 1176, 1995 WL 51112

Snippet: incorrectly calculated is plainly set forth in section 627.7282(1), Florida Statutes. In pertinent part, it provides

Rivera v. American Skyhawk Insurance

Court: District Court of Appeal of Florida | Date Filed: 1994-11-09

Citation: 645 So. 2d 540, 1994 Fla. App. LEXIS 10794, 1994 WL 617369

Snippet: favor of the appellee insurance company. Section 627.7282(3), Fla.Stat. (1993)1 is not ambiguous in its

Pierson v. State Farm Mutual Automobile Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 1993-07-23

Citation: 621 So. 2d 576, 1993 Fla. App. LEXIS 7672, 1993 WL 274464

Snippet: failed to comply with the requirements of section 627.7282, Florida Statutes (Supp.1986), which went into