Florida Statutes

Fla. Stat. § 631.52 (2025)

Scope.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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631.52 Scope.—This part shall apply to all kinds of direct insurance, except:

(1) Life, annuity, health, or disability insurance;

(2) Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks;

(3) Fidelity or surety bonds, or any other bonding obligations;

(4) Credit insurance, vendors’ single interest insurance, or collateral protection insurance or any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction;

(5) Warranty, including motor vehicle service, home warranty, or service warranty;

(6) Ambulance service, health care service, or preneed funeral merchandise or service;

(7) Optometric service plan, pharmaceutical service plan, or dental service plan;

(8) Legal expense;

(9) Health maintenance, prepaid health clinic, or continuing care;

(10) Ocean marine or wet marine insurance;

(11) Self-insurance and any kind of self-insurance fund, liability pool, or risk management fund;

(12) Title insurance;

(13) Surplus lines;

(14) Workers’ compensation, including claims under employer liability coverage;

(15) Any transaction or combination of transactions between a person, including affiliates of such person, and an insurer, including affiliates of such insurer, which involves the transfer of investment or credit risk unaccompanied by the transfer of insurance risk; or

(16) Any insurance provided by or guaranteed by government.

History.—s. 3, ch. 70-20; s. 1, ch. 77-227; s. 1, ch. 80-26; s. 809(1st), ch. 82-243; s. 3, ch. 85-321; s. 4, ch. 87-350; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 16, ch. 97-262; s. 21, ch. 2007-90; s. 1, ch. 2010-49.

Notes of Decisions

Cited in 6 cases, 1974–2012 · leading case: Florida Ins. Guar. Ass'n v. Pilings & Structures, Inc., 616 So. 2d 532 (Fla. 1st DCA 1993).

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Florida Ins. Guar. Ass'n v. Pilings & Structures, Inc., 616 So. 2d 532 (Fla. 1st DCA 1993). · cites it 6× “Section 631.52, Florida Statutes (1985), states that the Act shall apply to all kinds of direct insurance except life, title, surety, disability, credit, mortgage guaranty, surplus lines, warranty, motor vehicle service, ambulance service, optometric service plan, pharmaceutical…”

Zinke-smith, Inc. v. Fla. Ins. Guar. Ass'n, Inc., 304 So. 2d 507 (Fla. 4th DCA 1974). “Section 631.52, F.S. provides as follows: "This part shall apply to all kinds of direct insurance except life, title, surety, disability, credit, mortgage guaranty, and wet marine insurance.”

Com. Credit Equip. Corp. v. Florida Ins. Guar. Ass'n, 583 So. 2d 372 (Fla. 4th DCA 1991). · cites it 8× “” § 631.52, Fla.Stat. (1987). Appellant admits that were the 1987 version of the statute applicable to the instant case, appellee would not be obligated to them for the loss of the airplane.”

Shear Homes, Inc. v. Sheppard, 764 So. 2d 705 (Fla. 1st DCA 2000). · cites it 2× “See § 631.52(11), Fla. Stat. (1991). Effective January 1, 1994, the Florida Self-Insurance Fund Guaranty Association, Inc.”

Florida Ins. Guar. Ass'n v. Karelas, 106 So. 3d 1 (Fla. 3d DCA 2012). · cites it 2× “(2011), by statute, § 631.52(13), Fla. Stat. (2011), and by its own terms.”

Falcon Termite & Pest Control, Inc. v. Florida Ins. Guar. Ass'n, 589 So. 2d 331 (Fla. 4th DCA 1991). · cites it 2× “Apparently because Falcon’s agreement with its customer was labeled a warranty, FIGA inferred that the agreement constituted warranty insurance and that therefore the SMIC policy was also warranty insurance.”

— 631.52(11) — 1 case

Shear Homes, Inc. v. Sheppard, 764 So. 2d 705 (Fla. 1st DCA 2000). “See § 631.52(11), Fla. Stat. (1991). Effective January 1, 1994, the Florida Self-Insurance Fund Guaranty Association, Inc.”

— 631.52(13) — 1 case

Florida Ins. Guar. Ass'n v. Karelas, 106 So. 3d 1 (Fla. 3d DCA 2012). “(2011), by statute, § 631.52(13), Fla. Stat. (2011), and by its own terms.”

— 631.52(5) — 1 case

Falcon Termite & Pest Control, Inc. v. Florida Ins. Guar. Ass'n, 589 So. 2d 331 (Fla. 4th DCA 1991). “Apparently because Falcon’s agreement with its customer was labeled a warranty, FIGA inferred that the agreement constituted warranty insurance and that therefore the SMIC policy was also warranty insurance.”

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