Florida Statute 627.7282 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 627.7282

Total Results: 13

Gonzalez v. Eagle Ins. Co.

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

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 1773668

Cited 13 times | Published

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

Amstar Ins. Co. v. Cadet

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

District Court of Appeal of Florida | Filed: Oct 10, 2003 | Docket: 2563512

Cited 6 times | Published

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

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

814 So. 2d 1119

District Court of Appeal of Florida | Filed: Apr 3, 2002 | Docket: 1368348

Cited 2 times | Published

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

US SEC. Ins. Co. v. Figueroa

917 So. 2d 901, 2005 WL 2656118

District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 1509612

Cited 1 times | Published

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

Sotomayor v. Seminole Casualty Insurance Co.

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

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

Prime Property and Casualty Insurance Company v. Kepali Group, Inc.

Court of Appeals for the Eleventh Circuit | Filed: May 2, 2025 | Docket: 68425493

Published

Argued: Mar 6, 2025

process to cancel auto coverage) & § 627.7282 (specifically addressing notice require-

Smith v. New Hampshire Indemnity Co.

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

contends the trial court erred by finding that section 627.7282, Florida Statutes, does not invalidate the

Lescano v. Southern Group Indemnity, Inc.

813 So. 2d 1037, 2002 Fla. App. LEXIS 4965, 2002 WL 561736

District Court of Appeal of Florida | Filed: Apr 17, 2002 | Docket: 64814346

Published

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

Hernandez v. State Farm Fire & Casualty Co.

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

District Court of Appeal of Florida | Filed: Jun 28, 2000 | Docket: 64798692

Published

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

Stinson v. United Automobile Insurance

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

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 64788593

Published

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

Aries Insurance v. Aleman

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

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 64774365

Published

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

Rivera v. American Skyhawk Insurance

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

District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 64752237

Published

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

Pierson v. State Farm Mutual Automobile Insurance Co.

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

District Court of Appeal of Florida | Filed: Jul 23, 1993 | Docket: 64697696

Published

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