Florida Statutes
Fla. Stat. § 627.778 (2025)
Limit of risk.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 1
case, 2007–2007 · leading case: Chicago Title Ins. Co. v. Commonwealth Forest Investments, 494 F. Supp. 2d 1332 (M.D. Fla. 2007).
Chicago Title Ins. Co. v. Commonwealth Forest Investments, 494 F. Supp. 2d 1332 (M.D. Fla. 2007). “The economic loss rule protects these contractual expectations, including the important expectation that a title insurer’s risk will be limited to the dollar amount shown on the face of the policy, see Fla. Stat. § 627.778 (1)(a). For the reasons the Court discussed above.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.