Florida Statute 627.792 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.792

627.792 Liability of title insurers for defalcation by title insurance agents or agencies.—A title insurer is liable for the defalcation, conversion, or misappropriation by a licensed title insurance agent or agency of funds held in trust by the agent or agency pursuant to s. 626.8473. If the agent or agency is an agent or agency for two or more title insurers, any liability shall be borne by the title insurer upon which a title insurance commitment or policy was issued prior to the illegal act. If no commitment or policy was issued, each title insurer represented by the agent or agency at the time of the illegal act shares in the liability in the same proportion that the premium remitted to it by the agent or agency during the 1-year period before the illegal act bears to the total premium remitted to all title insurers by the agent or agency during the same time period.

History.—s. 25, ch. 85-185; s. 1, ch. 86-81; s. 1, ch. 86-286; ss. 107, 114, ch. 92-318; s. 21, ch. 99-286.

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Amendments to 627.792

Arrestable Offenses / Crimes under Fla. Stat. 627.792

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.792.

Annotations, Discussions, Cases:

Cases Citing Statute 627.792

Total Results: 4

Cohen v. Chicago Title Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2010-12-29

Citation: 53 So. 3d 331, 2010 Fla. App. LEXIS 19814, 2010 WL 5347628

Snippet: deposits pursuant to section 627.792, Florida Statutes (2008). Section 627.792 provides in relevant part:

Winkler v. Lawyers Title Insurance Corp.

Court: District Court of Appeal of Florida | Date Filed: 2010-08-04

Citation: 41 So. 3d 414, 2010 Fla. App. LEXIS 11266, 2010 WL 3023370

Snippet: ("Lawyers Title"), was not liable under section 627.792, Florida Statutes (2009), for the alleged misappropriation

Hechtman v. Nations Title Ins. of New York

Court: Supreme Court of Florida | Date Filed: 2003-02-06

Citation: 840 So. 2d 993, 28 Fla. L. Weekly Supp. 119, 2003 Fla. LEXIS 165, 2003 WL 252130

Snippet: be of great public importance: *995 WHETHER § 627.792, FLA. STAT. (1997), WHICH PROVIDES THAT AN INSURER

Hechtman v. NATIONS TITLE INS. OF NY., INC.

Court: District Court of Appeal of Florida | Date Filed: 2000-09-20

Citation: 767 So. 2d 505, 2000 WL 725047

Snippet: Hechtmans' statutory claims filed pursuant to section 627.792, Florida Statutes (1997). The lower court concluded