Florida Statute 627.7283 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.7283

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.

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Amendments to 627.7283

Arrestable Offenses / Crimes under Fla. Stat. 627.7283

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.7283.

Annotations, Discussions, Cases:

Cases Citing Statute 627.7283

Total Results: 12

Government Employees Insurance Co. v. Kisha

Court: District Court of Appeal of Florida | Date Filed: 2015-04-02

Citation: 160 So. 3d 549, 2015 Fla. App. LEXIS 4744

Snippet: period of time in order to comply with section 627.7283(2), Florida Statutes (2012), which requires that

Canal Insurance Co. v. Gibraltar Budget Plan, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2010-07-28

Citation: 41 So. 3d 375, 2010 Fla. App. LEXIS 10850, 2010 WL 2925378

Snippet: satisfied. We agree and reverse. Pursuant to section 627.7283, Florida Statutes (2004), insurance carriers are

UNITED INS. v. Office of Ins. Regulation

Court: District Court of Appeal of Florida | Date Filed: 2008-06-30

Citation: 985 So. 2d 665, 2008 Fla. App. LEXIS 9882, 2008 WL 2572615

Snippet: solely on basis person has sickle-cell trait); and 627.7283 (regulating insurer's return of unearned premium)

Puritan Budget Plan, Inc. v. Amstar Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2007-09-05

Citation: 964 So. 2d 769, 2007 Fla. App. LEXIS 13846

Snippet: no financing, the applicable statute is section 627.7283, Florida Statutes, which provides in subsections

DADELAND DEPOT. v. St. Paul Fire and Marine

Court: Supreme Court of Florida | Date Filed: 2006-12-21

Citation: 945 So. 2d 1216, 31 Fla. L. Weekly Supp. 882, 2006 Fla. LEXIS 2953, 2006 WL 3741019

Snippet: Section 626.9706; 5. Section 626.9707; or 6. Section 627.7283. (b) By the commission of any of the following

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: the unearned premium, pursuant to the section 627.7283, Florida Statutes (2000). We therefore reverse

FLA Orthopedics, Inc. v. American Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2004-08-11

Citation: 896 So. 2d 1, 2004 Fla. App. LEXIS 11738, 2004 WL 1780919

Snippet: (x); 626.9551; 626.9705; 626.9706; 626.9707; and 627.7283. See § 624.155, Fla. Stat. (1997). Notably absent

Isasi v. American Colonial Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2003-12-31

Citation: 863 So. 2d 1240, 2003 Fla. App. LEXIS 19774, 2003 WL 23094943

Snippet: interest on unearned premiums, pursuant to section 627.7283, Florida Statutes (1999), is challenged in this

Parsons v. HARBOR SPECIALTY INSURANCE COMPANY

Court: District Court of Appeal of Florida | Date Filed: 2003-01-29

Citation: 839 So. 2d 742, 2003 Fla. App. LEXIS 739, 2003 WL 187201

Snippet: for appellee. MAY, J. The application of section 627.7283, Florida Statutes (2001), to a claim for interest

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: of rights with regard to sections 627.7282 and 627.7283, Florida Statutes (1995), and alleged breach of

State Farm Fire & Cas. Co. v. Zebrowski

Court: Supreme Court of Florida | Date Filed: 1997-11-26

Citation: 706 So. 2d 275, 22 Fla. L. Weekly Supp. 726, 1997 Fla. LEXIS 1965, 1997 WL 730719

Snippet: Section 626.9706; 5. Section 626.9707; or 6. Section 627.7283. (b) By the commission of any of the following

Zebrowski v. State Farm Fire & Cas. Co.

Court: District Court of Appeal of Florida | Date Filed: 1996-05-22

Citation: 673 So. 2d 562, 1996 WL 267929

Snippet: Section 626.9706; 5. Section 626.9707; or 6. Section 627.7283. (b) By the commission of any of the following