Florida Statute 627.739 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.739

627.739 Personal injury protection; optional limitations; deductibles.—

(1) The named insured may elect a deductible or modified coverage or combination thereof to apply to the named insured alone or to the named insured and dependent relatives residing in the same household, but may not elect a deductible or modified coverage to apply to any other person covered under the policy.

(2) Insurers shall offer to each applicant and to each policyholder, upon the renewal of an existing policy, deductibles, in amounts of $250, $500, and $1,000. The deductible amount must be applied to 100 percent of the expenses and losses described in s. 627.736. After the deductible is met, each insured is eligible to receive up to $10,000 in total benefits described in s. 627.736(1). However, this subsection shall not be applied to reduce the amount of any benefits received in accordance with s. 627.736(1)(c).

(3) Insurers shall offer coverage wherein, at the election of the named insured, the benefits for loss of gross income and loss of earning capacity described in s. 627.736(1)(b) shall be excluded.

(4) The named insured shall not be prevented from electing a deductible under subsection (2) and modified coverage under subsection (3). Each election made by the named insured under this section shall result in an appropriate reduction of premium associated with that election.

(5) All such offers shall be made in clear and unambiguous language at the time the initial application is taken and prior to each annual renewal and shall indicate that a premium reduction will result from each election. At the option of the insurer, the requirements of the preceding sentence are met by using forms of notice approved by the office, or by providing the following notice in 10-point type in the insurer’s application for initial issuance of a policy of motor vehicle insurance and the insurer’s annual notice of renewal premium:

For personal injury protection insurance, the named insured may elect a deductible and to exclude coverage for loss of gross income and loss of earning capacity (“lost wages”). These elections apply to the named insured alone, or to the named insured and all dependent resident relatives. A premium reduction will result from these elections. The named insured is hereby advised not to elect the lost wage exclusion if the named insured or dependent resident relatives are employed, since lost wages will not be payable in the event of an accident.

History.—s. 10, ch. 71-252; s. 3, ch. 76-168; s. 6, ch. 76-266; s. 1, ch. 77-457; s. 37, ch. 77-468; s. 6, ch. 78-374; ss. 2, 3, ch. 81-318; ss. 557, 563, ch. 82-243; s. 1, ch. 99-381; s. 1196, ch. 2003-261; ss. 9, 19, ch. 2003-411; s. 15, ch. 2007-324.

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Amendments to 627.739

Arrestable Offenses / Crimes under Fla. Stat. 627.739

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.739.

Annotations, Discussions, Cases:

Cases Citing Statute 627.739

Total Results: 20

USAA Casualty Insurance Company v. Emergency Physicians, Inc. d/b/a Emergency Resources Group

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-26T00:00:00-07:00

Snippet: total benefits described in s. 627.736(1). § 627.739(2), Fla. Stat. As the trial court correctly noted… payable in the event of an accident. § 627.739(5), Fla. Stat. (emphasis added). Thus, the statute…627.727(9), but no such requirement in section 627.739, indicates that the Legislature did not intend

PROGRESSIVE AMERICAN INSURANCE COMPANY vs EMERGENCY PHYSICIANS, INC., D/B/A EMERGENCY RESOURCES GROUP, AS ASSIGNEE OF EMMA SANDERS

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-17T00:00:00-07:00

Snippet: court appeared to apply sections 627.736(4)(c), 627.739(2), Florida Statutes (2015), and Mercury Insurance…claims. (emphasis added). Additionally, section 627.739(2) states: …3d at 668.1 Mercury further states that section 627.739(2) requires that any policy deductible must be

PROGRESSIVE AMERICAN INSURANCE COMPANY vs EMERGENCY PHYSICIANS, INC., D/B/A EMERGENCY RESOURCES GROUP, A/A/O MICHELLE ARCHER

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-17T00:00:00-07:00

Snippet: court appeared to apply sections 627.736(4)(c), 627.739(2), Florida Statutes (2015), and Mercury Insurance…claims. (emphasis added). Additionally, section 627.739(2) states: Insurers shall offer to…3d at 668.1 Mercury further states that section 627.739(2) requires that any policy deductible must be

ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY v. SPORTS, SPINE, OCCUPATIONAL, REHABILITATION, INC. a/a/o JUNE RICHARDS

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-16T00:53:00-07:00

Snippet: Progressive Select, the supreme court held that “section 627.739(2)[, Florida Statutes,] requires the deductible

NORTH BROWARD CHIROPRACTIC AND WELLNESS CENTER, INC. a/a/o CRISTINA CORRIDORI v. GOVERNMENT EMPLOYEES INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-11T00:53:00-07:00

Snippet: 22, 31 (Fla. 4th DCA 2018), or whether section 627.739, Florida Statutes (2018), requires a PIP insurer… District’s calculation method: Section 627.739(2) requires the deductible to be subtracted

Progressive Select Insurance Company v. Florida Hospital Medical Center, Etc.

Court: Fla. | Date Filed: 2018-12-28T00:00:00-08:00

Citation: 260 So. 3d 219

Snippet: history of section 627.739(2). Analysis of Section 627.739(2) Section 627.739(2), Florida Statutes… History of Section 627.739(2) The history of section 627.739(2) further indicates that …and care. The issue presented is whether section 627.739(2), Florida Statutes (2014), requires the deductible…AMOUNT OF PIP BENEFITS DUE AN INSURED, DOES SECTION 627.739(2), FLORIDA STATUTES, REQUIRE THAT THE DEDUCTIBLE…the certified question by holding that section 627.739(2) requires the deductible to be applied to the

USAA Gen. Indem. Co. v. Fla. Hosp. Med. Ctr.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-28T00:00:00-08:00

Citation: 259 So. 3d 1013

Snippet: application of the deductible authorized under section 627.739(2), Florida Statutes (2016), when personal injury…AMOUNT OF PIP BENEFITS DUE AN INSURED, DOES SECTION 627.739(2), FLORIDA STATUTES, REQUIRE THAT THE DEDUCTIBLE

Progressive Select Ins. Co. v. Florida Hospital Medical

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-09T00:53:00-07:00

Snippet: certiorari, concluding: Section 627.739(2)[, Florida Statutes (2014),] currently …BENEFITS DUE AN INSURED, DOES SECTION 627.739(2), FLORIDA STATUTES, REQUIRE THAT

USAA GENERAL INDEMNITY COMPANY v. WILLIAM J. GOGAN, M.D.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-14T00:53:00-07:00

Snippet: follows: PURSUANT TO SECTIONS 627.736 AND 627.739, FLORIDA STATUTES (2013), IS AN INSURER REQUIRED… The issue in this case is whether section 627.739(2), Florida Statutes (2010), which mandates that…). Two statutes are at issue here: section 627.739, Florida Statutes (the “Deductible Statute”) and…” 2. THE DEDUCTIBLE STATUTE (§ 627.739) “A ‘deductible’ is ‘a clause in an insurance…access PIP benefits is “unlocked.” Id. Section 627.739 provides: (2) Insurers shall offer to each

STATE FARM MUTUAL AUTO INS. CO v. CARE WELLNESS CENTER, LLC, a/a/o VIRGINIA BARDON-DIAZ

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-14T00:53:00-07:00

Snippet: public importance: PURSUANT TO FLA. STAT. § 627.739, IS AN INSURER REQUIRED TO APPLY THE DEDUCTIBLE…follows: 1 PURSUANT TO SECTIONS 627.736 AND 627.739, FLORIDA STATUTES (2013), IS AN INSURER REQUIRED…of a PIP policy deductible, governed by section 627.739, Florida Statutes, and the PIP benefit statutory… in accordance with s. 627.736(1)(c). § 627.739(2), Fla. Stat. (2013). The dispositive issue in…meaning of the phrase “expenses and losses,” section 627.739(2) must be read along with section 627.736.

PROGRESSIVE SELECT INSURANCE v. DAVID A. BLUM, M.D., P.A. a/a/o VANESSA MORENO

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-14T00:53:00-07:00

Snippet: public importance: PURSUANT TO FLA. STAT. § 627.739, IS AN INSURER REQUIRED TO APPLY THE DEDUCTIBLE…follows: PURSUANT TO SECTIONS 627.736 AND 627.739, FLORIDA STATUTES (2013), IS AN INSURER REQUIRED

Progressive v. Florida Hospital

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-04T23:53:00-08:00

Snippet: BENEFITS DUE AN INSURED, DOES SECTION 627.739(2), FLORIDA STATUTES, REQUIRE THAT

Progressive v. Florida Hospital

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-04T23:53:00-08:00

Snippet: of section 627.739, Florida Statutes, is amended to read: 627.739 Personal injury…application of the deductible authorized under section 627.739(2), Florida Statutes (2014), when personal injury…amount of PIP benefits due to the insured, section 627.739(2) requires the deductible to be subtracted from… paid as benefits. On the other hand, section 627.739 requires that the deductible must be applied to…under the 100% methodology provided in section 627.739(2). Specifically, Progressive contends

Progressive v. Florida Hospital

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-12T23:53:00-08:00

Snippet: of section 627.739, Florida Statutes, is amended to read: 627.739 Personal injury…application of the deductible authorized under section 627.739(2), Florida Statutes (2014), when personal injury…amount of PIP benefits due to the insured, section 627.739(2) requires the deductible to be subtracted from…the expenses and losses as required by section 627.739(2). Section 627.736(5)(a)1. provides the insurer… render meaningless the requirement in section 627.739(2) that “[t]he deductible amount must be applied

Progressive Express Insurance Co. v. Emergency Physicians of Central Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-08T00:00:00-07:00

Citation: 187 So. 3d 1278

Snippet: interpretation runs afoul of the plain language of section 627.739(2), Florida Statutes (2011), which sets out that

Progressive American Insurance Co. v. Emergency Physicians of Central Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-29T00:00:00-08:00

Citation: 187 So. 3d 898

Snippet: was applied to Karani’s deductible under section 627.739(2), Florida Statutes (2011). Therefore, Progressive…interpretation runs afoul of the plain language of section 627.739(2), which sets out that “[t]he deductible amount

Mercury Insurance Co. v. Emergency Physicians of Central

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-16T00:00:00-07:00

Citation: 182 So. 3d 661

Snippet: statute, to wit: section 627.736(4)(c) and section 627.739(2), Florida Statutes (2011). Section 627.736(4)….. § 627.736(4)(c), Fla. Stat. (2011). Section 627.739, Florida Statutes (2011), addresses insurance policy…policy deductibles. It provides, in pertinent part: 627.739. Personal injury protection; optional limitations…therefore, reads Florida Statute 627.736(4)(c) and 627.739(2) in pari material (sic). This Court is of the…payment of bills from emergency providers. Section 627.739(2), Florida Statutes, states that the deductible

Ferreiro v. Philadelphia Indem. Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-07T23:53:00-08:00

Citation: 928 So. 2d 374

Snippet: Irene Lopez, at the time of the accident. See ß 627.739, Fla. Stat. (1999). Upon discovering its error,

United Auto. v. Diagnostics of S. Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-17T23:53:00-08:00

Citation: 921 So. 2d 23

Snippet: in this case was $2,000. Furthermore, section 627.739(2), Florida Statutes (1994), provides in pertinent

Ramon v. Aries Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-08-02T00:53:00-07:00

Citation: 769 So. 2d 1053

Snippet: complaint alleged that Aries violated section 627.739, Florida Statutes (1999), by making payment of