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Florida Statute 627.778 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XXXVII
INSURANCE
Chapter 627
INSURANCE RATES AND CONTRACTS
View Entire Chapter
F.S. 627.778
627.778 Limit of risk.
(1)(a) A title insurer may not issue any contract of title insurance, either as a primary insurer or as a coinsurer or reinsurer, upon an estate, lien, or interest in property located in this state unless:
1. The contract shows on its face the dollar amount of the risk assumed; and
2. The dollar amount of the risk assumed does not exceed its surplus as to policyholders, unless the excess is simultaneously reinsured in one or more authorized insurers or one or more reinsurers that meet the requirements of s. 624.610.
(b) A title insurer may not circumvent the limitations of paragraph (a) by issuing two or more policies upon the same estate, lien, or interest.
(c) This subsection does not prohibit:
1. The simultaneous issuance of policies insuring different estates, liens, or interests in the same property, if each of the simultaneous policies excepts the paramount estates, liens, or interests to which the insured estate, lien, or interest is subject and if each of the simultaneous policies conforms to this subsection.
2. Ceding portions of the total risk to authorized insurers or reinsurers that meet the requirements of s. 624.610. Insurance ceded, including coinsurance effected, is a retention of risk by the insurer assuming the ceded risk, and not by the insurer ceding the risk.
(2) Surplus as to policyholders shall be determined from the last annual statement of the insurer filed under s. 624.424.
(3) Only contractual remedies are available for a breach of a duty which arises solely from the terms of a contract of title insurance or an instrument issued pursuant to s. 627.786(3).
History.s. 4, ch. 65-359; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 584, 809(2nd), ch. 82-243; s. 79, ch. 82-386; ss. 93, 114, ch. 92-318; s. 31, ch. 95-211; s. 11, ch. 2014-112; s. 1, ch. 2016-82.

F.S. 627.778 on Google Scholar

F.S. 627.778 on CourtListener

Amendments to 627.778


Annotations, Discussions, Cases:

Cases Citing Statute 627.778

Total Results: 1

Chicago Title Insurance Company v. Commonwealth Forest Investments

494 F. Supp. 2d 1332, 2007 U.S. Dist. LEXIS 47023

District Court, M.D. Florida | Filed: Jun 28, 2007 | Docket: 2019306

Cited 2 times | Published

shown on the face of the policy, see Fla. Stat. § 627.778(1)(a). For the reasons the Court discussed above