Florida Statutes

Fla. Stat. § 627.7283 (2025)

Cancellation; return of unearned premium.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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627.7283 Cancellation; return of unearned premium.—

(1) If the insured cancels a policy of motor vehicle insurance, the insurer must mail or electronically transfer the unearned portion of any premium paid within 30 days after the effective date of the policy cancellation or receipt of notice or request for cancellation, whichever is later. This requirement applies to a cancellation initiated by an insured for any reason. However, the insured may elect to apply the unearned portion of any premium paid to unpaid balances of other policies with the same insurer or insurer group.

(2) If an insurer cancels a policy of motor vehicle insurance, the insurer must mail or electronically transfer the unearned premium portion of any premium within 15 days after the effective date of the policy cancellation. However, the insured may elect to apply the unearned portion of any premium paid to unpaid balances of other policies with the same insurer or insurer group.

(3) If the unearned premium is not mailed, electronically transferred, or applied to the unpaid balance of other policies within the applicable period, the insurer must pay to the insured 8 percent interest on the amount due. If the unearned premium is not mailed or electronically transferred within 45 days after the applicable period, the insured may bring an action against the insurer pursuant to s. 624.155.

(4) If the insured cancels, the insurer may retain up to 10 percent of the unearned premium and must refund at least 90 percent of the unearned premium. If the insurer cancels, the insurer must refund 100 percent of the unearned premium. Cancellation is without prejudice to any claim originating prior to the effective date of the cancellation. For purposes of this section, unearned premiums must be computed on a pro rata basis.

(5) The insurer must refund 100 percent of the unearned premium if the insured is a servicemember, as defined in s. 250.01, who cancels because he or she is called to active duty or transferred by the United States Armed Forces to a location where the insurance is not required. The insurer may require a servicemember to submit either a copy of the official military orders or a written verification signed by the servicemember’s commanding officer to support the refund authorized under this subsection. If the insurer cancels, the insurer must refund 100 percent of the unearned premium. Cancellation is without prejudice to any claim originating prior to the effective date of the cancellation. For purposes of this section, unearned premiums must be computed on a pro rata basis.

History.—s. 1, ch. 86-262; s. 2, ch. 87-50; ss. 82, 114, ch. 92-318; s. 7, ch. 2002-282; s. 18, ch. 2003-72; s. 9, ch. 2014-103; s. 3, ch. 2016-133; s. 27, ch. 2022-183.

Notes of Decisions

Cited in 11 cases, 1996–2015 · leading case: DADELAND DEPOT. v. St. Paul Fire & Marine, 945 So. 2d 1216 (Fla. 2006).

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DADELAND DEPOT. v. St. Paul Fire & Marine, 945 So. 2d 1216 (Fla. 2006). “Section 627.7283. (b) By the commission of any of the following acts by the insurer: 1.”

Canal Ins. Co. v. Gibraltar Budget Plan, Inc., 41 So. 3d 375 (Fla. 4th DCA 2010). · cites it 2× “Pursuant to section 627.7283, Florida Statutes (2004), insurance carriers are required to pay interest on unearned premiums returned more than thirty days after the effective date of cancellation or receiving the notice or request for cancellation, whichever is later.”

State Farm Fire & Cas. Co. v. Zebrowski, 706 So. 2d 275 (Fla. 1997). “Section 627.7283. (b) By the commission of any of the following acts by the insurer: 1.”

316, Inc. v. Maryland Cas. Co., 625 F. Supp. 2d 1179 (N.D. Fla. 2008). “Section 627.7283. 6 . Section 624.155(l)(b) permits a person to bring a civil action against an insurer when such person is damaged by the commission of any of the following acts by the insurer: 1.”

Parsons v. Harbor Specialty Ins. Co., 839 So. 2d 742 (Fla. 4th DCA 2003). · cites it 8× “The application of section 627.7283, Florida Statutes (2001), to a claim for interest on an unearned insurance premium is challenged in this appeal.”

Gov't Employees Ins. Co. v. Kisha, 160 So. 3d 549 (Fla. 5th DCA 2015). · cites it 4× “GEICO asserts it keeps the payment for this period of time in order to comply with section 627.7283(2), Florida Statutes (2012), which requires that when an insurer cancels a policy, it is to mail any unused premium to its insured within fifteen days of cancellation.”

US SEC. Ins. Co. v. Figueroa, 917 So. 2d 901 (Fla. 3d DCA 2005). · cites it 2× “Security for the unearned premium, pursuant to the section 627.7283, Florida Statutes (2000).”

Zebrowski v. State Farm Fire & Cas. Co., 673 So. 2d 562 (Fla. 4th DCA 1996). “Section 627.7283. (b) By the commission of any of the following acts by the insurer: 1.”

Isasi v. Am. Colonial Ins. Co., 863 So. 2d 1240 (Fla. 4th DCA 2003). · cites it 14× “The proper method by which to enforce an insurance carrier’s obligation to pay interest on unearned premiums, pursuant to section 627.7283, Florida Statutes (1999), is challenged in this appeal.”

Stinson v. United Auto. Ins., 734 So. 2d 505 (Fla. 3d DCA 1999). · cites it 5× “United Auto filed a motion to dismiss for lack of subject matter jurisdiction arguing that the sole remedy available for a violation of section 627.7283 was a statutory claim as provided by section 624.”

Puritan Budget Plan, Inc. v. Amstar Ins. Co., 964 So. 2d 769 (Fla. 4th DCA 2007). · cites it 5× “Where there is no financing, the applicable statute is section 627.7283, Florida Statutes, which provides in subsections (1) and (3): (1) If the insured cancels a policy of motor vehicle insurance, the insurer must mail the unearned portion of any premium paid within 30 days…”

— 627.7283(1) — 2 cases

Isasi v. Am. Colonial Ins. Co., 863 So. 2d 1240 (Fla. 4th DCA 2003). “The proper method by which to enforce an insurance carrier’s obligation to pay interest on unearned premiums, pursuant to section 627.7283, Florida Statutes (1999), is challenged in this appeal.”

Stinson v. United Auto. Ins., 734 So. 2d 505 (Fla. 3d DCA 1999). “United Auto filed a motion to dismiss for lack of subject matter jurisdiction arguing that the sole remedy available for a violation of section 627.7283 was a statutory claim as provided by section 624.”

— 627.7283(2) — 1 case

Gov't Employees Ins. Co. v. Kisha, 160 So. 3d 549 (Fla. 5th DCA 2015). “GEICO asserts it keeps the payment for this period of time in order to comply with section 627.7283(2), Florida Statutes (2012), which requires that when an insurer cancels a policy, it is to mail any unused premium to its insured within fifteen days of cancellation.”

— 627.7283(3) — 2 cases

Puritan Budget Plan, Inc. v. Amstar Ins. Co., 964 So. 2d 769 (Fla. 4th DCA 2007). “Where there is no financing, the applicable statute is section 627.7283, Florida Statutes, which provides in subsections (1) and (3): (1) If the insured cancels a policy of motor vehicle insurance, the insurer must mail the unearned portion of any premium paid within 30 days…”

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