Florida Statute 627.7845 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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627.7845 Determination of insurability required; preservation of evidence of title search and examination.—

(1) A title insurer may not issue a title insurance commitment, endorsement, or title insurance policy until the title insurer has caused to be made a determination of insurability based upon the evaluation of a reasonable title search or a search of the records of a Uniform Commercial Code filing office, as applicable, has examined such other information as may be necessary, and has caused to be made a determination of insurability of title or the existence, attachments, perfection, and priority of a Uniform Commercial Code security interest, including endorsement coverages, in accordance with sound underwriting practices.

(2) The title insurer shall cause the evidence of the determination of insurability and the reasonable title search or search of the records of a Uniform Commercial Code filing office to be preserved and retained in its files or in the files of its title insurance agent or agency for at least 7 years after the title insurance commitment or title insurance policy was issued. The title insurer or its agent or agency must produce the evidence required to be maintained under this subsection at its offices upon the demand of the office. Instead of retaining the original evidence, the title insurer or its agent or agency may, in the regular course of business, establish a system under which all or part of the evidence is recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process that accurately reproduces or forms a durable medium for reproducing the original.

(3) The title insurer or its agent or agency must maintain a record of the actual premium charged for issuance of the policy and any endorsements in its files for a period of not less than 7 years. The title insurer, agent, or agency must produce the record at its office upon demand of the office.

(4) This section does not apply to an insurer assuming no primary liability in a contract of reinsurance or to an insurer acting as a coinsurer if any other coinsuring insurer has complied with this section.

History.—ss. 582, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 4, ch. 85-185; ss. 102, 114, ch. 92-318; s. 18, ch. 99-286; s. 1207, ch. 2003-261; s. 3, ch. 2005-153; s. 7, ch. 2007-44; s. 13, ch. 2014-112.

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Amendments to 627.7845

Annotations, Discussions, Cases:

Cases Citing Statute 627.7845

Total Results: 4

Lawyers Title Ins. Corp. v. DSC OF NEWARK ENTER., INC.

544 So. 2d 1070, 14 Fla. L. Weekly 1379, 1989 Fla. App. LEXIS 3207, 1989 WL 58719

District Court of Appeal of Florida | Filed: Jun 7, 1989 | Docket: 1709620

Cited 7 times | Published

of Florida, 390 So.2d 805 (Fla. 5th DCA 1980); § 627.7845, Fla. Stat. (1987). As a matter of public policy

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

Florida"). Further, the Court concludes that § 627.7845, Fla. Stat., does not provide for a statutory

Crawford v. Safeco Title Ins. Co.

585 So. 2d 952, 1991 WL 87670

District Court of Appeal of Florida | Filed: Sep 30, 1991 | Docket: 1293780

Cited 1 times | Published

and examination of title in accordance with Section 627.7845(1), Florida Statutes, and that appellees'

Village Carver Phase 1, LLC v. Fidelity National Title Insurance Co.

128 So. 3d 107, 2013 WL 5429585, 2013 Fla. App. LEXIS 15394

District Court of Appeal of Florida | Filed: Sep 30, 2013 | Docket: 60236949

Published

does not educe liability under the policy. Section 627.7845(1) of the Florida Statutes merely requires

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 627 in the context of insurance coverage law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.