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Florida Statute 627.455 | Lawyer Caselaw & Research
F.S. 627.455 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 627.455

The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE
Chapter 627
INSURANCE RATES AND CONTRACTS
View Entire Chapter
F.S. 627.455
627.455 Incontestability.Every insurance contract shall provide that the policy shall be incontestable after it has been in force during the lifetime of the insured for a period of 2 years from its date of issue except for nonpayment of premiums and except, at the option of the insurer, as to provisions relative to benefits in event of disability and as to provisions which grant additional insurance specifically against death by accident or accidental means.
History.s. 482, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 382, 404, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318.

F.S. 627.455 on Google Scholar

F.S. 627.455 on Casetext

Amendments to 627.455


Arrestable Offenses / Crimes under Fla. Stat. 627.455
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.455.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SUN LIFE ASSURANCE COMPANY OF CANADA, v. IMPERIAL PREMIUM FINANCE, LLC, v. LLC, II, LLC, LLC, PFC LLC,, 904 F.3d 1197 (11th Cir. 2018)

. . . . § 627.455 (requiring that all insurance contracts "provide that the policy shall be incontestable after . . . Stat. § 627.455, which strongly indicates that the legislature intended for damages to be available upon . . .

PRUCO LIFE INSURANCE COMPANY, v. WELLS FARGO BANK, N. A. v. U. S. N. A., 846 F.3d 1188 (11th Cir. 2017)

. . . . § 627.455? 2. Assuming that a party can do so, does Fla. . . . policies became incontestable within two years from their issuance, as provided in Florida Statute § 627.455 . . . inception, they become incontestable two years after their issuance under the plain language of section 627.455 . . . validity of a life insurance policy after the two-year contestability period established by section 627.455 . . . Stat. § 627.455. . . .

WELLS FARGO BANK, N. A. v. PRUCO LIFE INSURANCE COMPANY,, 200 So. 3d 1202 (Fla. 2016)

. . . requiring that an insurable interest exist at the inception of each life insurance policy, and section 627.455 . . . Stat. § 627.455?, 2, Assuming that a party can do so, does Fla. . . . court reasoned that the policy was void ab initio and therefore the incontestability provision of § 627.455 . . . Guild policies were procured in furtherance of STOLI schemes, the incontestability statute, section 627.455 . . . Accordingly, under the plain language of section 627.455, a policy that has the required insurable interest . . . inception of a policy is a precondition for operation of the incontestability provisions of section 627.455 . . .

PRUCO LIFE INSURANCE COMPANY v. WELLS FARGO BANK, N. A. v. U. S. N. A., 780 F.3d 1327 (11th Cir. 2015)

. . . Stat. § 627.455. . . . The Guild court likened § 627.455 to a statute of limitations that applies regardless of the basis of . . . Stat. § 627.455? 2. Assuming that a party can do so, does Fla. . . . Stat. § 627.455 (1982). . . . . Notably, § 627.455 does not itself impose an incontestability period, but rather mandates that every . . .

A. SCIARETTA, a k a v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, v., 899 F. Supp. 2d 1318 (S.D. Fla. 2012)

. . . . § 627.455 (2011). . . .

UNITED INSURANCE COMPANY OF AMERICA, v. OFFICE OF INSURANCE REGULATION, Of, 985 So. 2d 665 (Fla. Dist. Ct. App. 2008)

. . . concluded the proposed arbitration agreement did not comply with sections 624.155, 627.428(1), and 627.455 . . . United’s proposed arbitration agreement would impair, invalidate, or supersede sections 627.428(1) and 627.455 . . .

ALLSTATE LIFE INSURANCE COMPANY, v. MILLER, a. k. a. a. k. a., 424 F.3d 1113 (11th Cir. 2005)

. . . . § 627.455, the policy further provided that it would become incontestable after remaining in force . . . Stat. § 627.455. . . . Stat. § 627.455], a reinstatement [of an insurance policy] is incontestable on the ground of fraud after . . . First, Allstate argues that it is not contesting the policy in a manner prohibited by § 627.455 because . . . As discussed above, the Florida appellate courts have uniformly and expressly held that the § 627.455 . . .

GREAT SOUTHERN LIFE INSURANCE CO. v. PORCARO, D., 869 So. 2d 585 (Fla. Dist. Ct. App. 2004)

. . . fraud as it failed to make this challenge during the contestability period provided for in sections 627.455 . . .

ALLSTATE LIFE INSURANCE COMPANY, v. C. FOX,, 700 So. 2d 49 (Fla. Dist. Ct. App. 1997)

. . . The decedent’s policy contained an incontestability clause as required by section 627.455, Florida Statutes . . . Section 627.455, Florida Statutes (1995), provides: Incontestability.. — Every insurance contract shall . . .

J. LORING, v. STATE, 674 So. 2d 165 (Fla. Dist. Ct. App. 1996)

. . . to dismiss which was based on an “incontestability clause” in a life insurance contract and sections 627.455 . . .

FIORETTI, v. MASSACHUSETTS GENERAL LIFE INSURANCE COMPANY, MASSACHUSETTS GENERAL LIFE INSURANCE COMPANY, v. FIORETTI,, 892 F. Supp. 1492 (S.D. Fla. 1993)

. . . . § 627.455 (1984). We do not think that Bankers Security Life Ins. Society v. . . .

BANKERS SECURITY LIFE INSURANCE SOCIETY, v. S. KANE, f k a S. H. PRUDENTIAL INSURANCE COMPANY OF AMERICA, v. S. KANE KATZ, H. PRUDENTIAL INSURANCE COMPANY OF AMERICA, v. S. KANE f k a S. H., 885 F.2d 820 (11th Cir. 1989)

. . . . § 627.455 (1984). . . .

BANKERS SECURITY LIFE INSURANCE SOCIETY, v. S. KANE, f k a S. H. H. f k a H. S. f k a S. H. f k a H. S. f k a S. PRUDENTIAL INSURANCE COMPANY OF AMERICA, v. S. KANE KATZ, H. H. S. H. S., 689 F. Supp. 1164 (S.D. Fla. 1988)

. . . Section 627.455, and has similarly denied insurers the ability to exclude fraud from these provisions . . .