CopyCited 49 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 882, 2006 Fla. LEXIS 2953, 2006 WL 3741019
...n against an insurer when such person is damaged: (a) By a violation of any of the following provisions by the insurer: 1. Section
626.9541(1)(i), (o), or (x); 2. Section
626.9551; 3. Section
626.9705; 4. Section
626.9706; 5. Section
626.9707; or 6. Section
627.7283....
CopyCited 13 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 726, 1997 Fla. LEXIS 1965, 1997 WL 730719
...against an insurer when such person is damaged: (a) By a violation of any of the following provisions by the insurer: 1. Section
626.9541(1)(i), ( o ), or (x); 2. Section
626.9551; 3. Section
626.9705; 4. Section
626.9706; 5. Section
626.9707; or 6. Section
627.7283....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 10850, 2010 WL 2925378
...Montes, of Lidsky, Vaccaro, Montes & Martinez, Hialeah, for appellees. MAY, J. An insurance carrier appeals an order certifying a class action. The carrier argues the trial court incorrectly determined that the four required elements for establishing a class action were satisfied. We agree and reverse. 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....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1996 WL 267929
...against an insurer when such person is damaged: (a) By a violation of any of the following provisions by the insurer: 1. Section
626.9541(1)(i), ( o ), or (x); 2. Section
626.9551; 3. Section
626.9705; 4. Section
626.9706; 5. Section
626.9707; or 6. Section
627.7283....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 WL 2656118
...require the insurer to return an unearned premium as a condition precedent to canceling the insurance policy. Our decision, however, does not foreclose Figueroa from bringing an action against U.S. Security for the unearned premium, pursuant to the section 627.7283, Florida Statutes (2000)....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 13846, 2007 WL 2480969
...The trial court rested its decision on the difference between the statute involving refunds of unearned premiums to insureds where there is no premium financing, and a different statute pertaining to refunds where there is premium financing. 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 after the effective date of t...
...se of other insurance products regulated by the office. The commission may adopt rules necessary to implement the provisions of this subsection. The trial court reasoned that, because section
627.848 does not specifically provide for interest, while section
627.7283 does, the legislature did not intend that interest be due on late refunds to premium financers....
...We disagree for two reasons. First, plaintiffs have assignments from the insureds of their rights to receive the unearned premiums after policies are can-celled. These assignments give plaintiffs the same rights as the insureds to recover interest under section 627.7283(3)....
...If the legislature had intended to abrogate the common law right to interest under those circumstances, it could easily have done so. We accordingly hold that the complaint states a cause of action based on the assignments, which give the premium financ-ers the right to recover interest under section 627.7283, and also based on the common law right to recover interest, where the premium has not been refunded within the statutory grace period....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 739, 2003 WL 187201
...January 29, 2003. Rehearing Denied March 17, 2003. Sharon C. Degnan and Diane H. Tutt of Diane H. Tutt, P.A., Plantation, for appellant. Mark A. Greenberg and Steven C. Teebagy of Powers, McNalis, & Moody, Lake Worth, for appellee. MAY, J. The application of section 627.7283, Florida Statutes (2001), to a claim for interest on an unearned insurance premium is challenged in this appeal....
...rst thirty days following the notice of cancellation. [1] *743 The first amended complaint alleged a count for declaratory relief, a count for breach of contract, and a count for money had and received. The defendant moved to dismiss. It argued that section 627.7283, Florida Statutes (2001), exclusively controls an insurer's obligation to pay interest on the refund of an unearned premium....
...The trial court determined that the legislature had the authority to and had dictated an insurance company's obligation to pay the insured interest on an unearned premium. Relying on the literal reading of the statute, the trial court dismissed the plaintiff's first amended complaint with prejudice. Section 627.7283, provides: (1) If the insured or insurer cancels a policy of motor vehicle insurance, the insurer must return the unearned portion of any premium paid within 30 days after issuance or receipt by the insurer of notice of cancellation....
...If the unearned premium is not returned within the 30-day period, the insurer must pay 8 percent interest on the amount due. If the unearned premium is not returned within 45 days after receipt of the notice, the insured may bring an action against the insurer pursuant to s.
624.155. We acknowledge that section
627.7283, does not contain the magic language that it "abrogates the common law." Nevertheless, the statute clearly articulates the legislature's intent that an insurer be given thirty (30) days within which to return an unearned premium....
...Turner,
389 So.2d 691, 692 (Fla. 4th DCA 1980). See also Gallo v. Dep't of Banking & Fin.,
749 So.2d 582 (Fla. 5th DCA 2000); M.L. Cooper v. Alford,
477 So.2d 31 (Fla. 1st DCA 1985). We have no quarrel with the principle, but finds its application lost in the context of section
627.7283....
...The defendant cancelled the policy and returned the unearned premium within thirty days as required by statute. No interest accrued during that time. The trial court properly applied the statute and dismissed the plaintiff's first amended complaint for failure to state a cause of action. We further hold that section 627.7283, does not deny the plaintiff access to the courts....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 19774, 2003 WL 23094943
MAY, J. 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....
...On January 20, 2000, nearly six months later, the carrier issued an unearned premium refund to the plaintiff, but did not include interest. The plaintiff filed a putative class action alleging a common law claim for interest on the unearned premium. The carrier moved for summary judgment on the ground that section
627.7283, Florida Statutes (1999), requires a claim for unearned interest to be filed, pursuant to section
624.155, Florida Statutes (1999)....
...The carrier argued that the plaintiffs failure to comply with this condition precedent warranted entry of a summary judgment in its favor. Relying on Stinson v. United Auto. Insurance Co.,
734 So.2d 505 (Fla. 3d DCA 1999), as it was bound to do, the trial court entered summary judgment for the carrier. Section
627.7283(1) provides: If the insured or insurer cancels a policy of motor vehicle insurance, the insurer must return the unearned portion of any premium paid within 30 days after issuance or receipt by the insurer of notice of cancellation....
...If the unearned premium is not returned within the 30-day period, the insurer must pay 8 percent interest on the amount due. If the unearned premium is not returned within 45 days after receipt of the notice, the insured may bring an action against the insurer pursuant to s.
624.155. §
627.7283(1), Fla. Stat. (1999). The plaintiff argues that section
624.155 is not the only theory under which an insured can seek interest on an unearned premium, and that section
627.7283 did not abrogate the common law claim for payment of interest on monies owed. The carrier responds that section
627.7283 does limit the theory by which an insured may seek recovery of this interest and that is by filing a claim under the bad faith statute, section
624.155, Florida Statutes (1999). Each side argues that this court’s recent opinion in Parsons v. Harbor Specialty Insurance Co.,
839 So.2d 742 (Fla. 4th DCA 2003), controls the outcome. 1 The answer lies in a plain reading of the applicable statutes. Section
627.7283 specifically provides that the insured “may bring an action against the insurer pursuant to s....
...s a specific intent to abrogate the common law. *1242 Long-standing rules of statutory construction require we give the language employed by statutes its plain and ordinary meaning. Green v. State,
604 So.2d 471 (Fla.1992). In doing so, we hold that section
627.7283 “permits” an insured to pursue a claim for interest on an unearned premium under section
624.155, but it does not prohibit pursuit of the claim under common law. Not only does section
627.7283 not mandate a single theory for recouping interest, its reference to section
624.155 bolsters our holding....
...to whom a debt is owed is entitled to interest. Chelsea Title & Guar. Co. v. Turner,
389 So.2d 691 (Fla. 4th DCA 1980). Even though the theory for pursuing interest on an unearned premium may be through either section
624.155 or the common law, section
627.7283 still defines the recovery allowable. As we stated in Parsons , section
627.7283 “does not abolish an insured’s right to sue for interest on an unearned premium if not refunded within thirty (30) days.”
839 So.2d at 743 ....
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 4744, 2015 WL 1470104
...The money is held for a two-week period to give the policyholder the opportunity to contact GEICO to get their policy reissued. If that is what the policyholder chooses to do, GEICO applies the payment to the reissued or newly issued policy. 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. The statute further provides that if the check is not mailed out within the fifteen-day period, the insurer will owe the insured 8% interest on the unearned premium due until it is returned. § 627.7283(3) Fla....
