The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.607

627.607 Time limit on certain defenses.—

(1) The contract shall include the following provision:

“Time Limit on Certain Defenses: After 2 years from the issue date, only fraudulent misstatements in the application may be used to void the policy or deny any claim for loss incurred or disability starting after the 2-year period.”

(2) A policy may, in place of the provision set forth in subsection (1), include the following provision:

“Incontestable:

(a) Misstatements in the Application: After this policy has been in force for 2 years during the insured’s lifetime (excluding any period during which the insured is disabled), the insurer cannot contest the statements in the application.

(b) Preexisting Conditions: No claim for loss incurred or disability starting after 2 years from the issue date will be reduced or denied because a sickness or physical condition, not excluded by name or specific description before the date of loss, had existed before the effective date of coverage.”

History.—s. 550, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 456, 497, 809(2nd), ch. 82-243; s. 79, ch. 82-386; ss. 56, 114, ch. 92-318.

F.S. 627.607 on Google Scholar

F.S. 627.607 on Casetext

Amendments to 627.607

Arrestable Offenses / Crimes under Fla. Stat. 627.607

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.607.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE SANTA FE NATURAL TOBACCO COMPANY MARKETING SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION, 288 F. Supp. 3d 1087 (D.N.M. 2017)

. . . . § 627.607(3)(a). . . . Ann. § 627.607(3)(a) ; Felice v. . . .

STEWART, v. MIDLAND LIFE INSURANCE CO., 899 So. 2d 331 (Fla. Dist. Ct. App. 2005)

. . . See § 627.607, Fla. Stat. (2001). . . .

PAUL REVERE LIFE INSURANCE COMPANY, v. DAMUS, ECKER, ROSENTHAL AND MARSHALL, M. D. d b a, 864 So. 2d 442 (Fla. Dist. Ct. App. 2003)

. . . Paul Revere could not deny coverage under the policy’s incontestability clause, pursuant to section 627.607 . . . Paul Revere from denying coverage, and finding that the policy was ambiguous, contravening section 627.607 . . . The policy’s incontestability clause follows the language of section 627.607, Florida Statutes (2002) . . .

PAUL REVERE LIFE INSURANCE CO. v. McPHEE,, 144 F. Supp. 2d 1375 (S.D. Fla. 2001)

. . . . § 627.607. . . . The policy, as required by § 627.607, contained an incontestability/preexisting conditions clause that . . . Then, turning to the policy language required by § 627.607, it said: This statutory clause only prohibits . . . On the other hand, subsequent Florida decisions interpreting the clause required by § 627.607 arguably . . . Entitled "Time limit on certain defenses," § 627.607 provides as follows: (1) The contract shall include . . .

KAUFMAN, a v. MUTUAL OF OMAHA INSURANCE COMPANY,, 681 So. 2d 747 (Fla. Dist. Ct. App. 1996)

. . . The mother asserted that the insurance policy was in conflict with section 627.607, Florida Statutes . . . See § 627.607, Florida Statutes (Supp.1992). . . . specific description before the date of loss, had existed before the effective date of coverage. § 627.607 . . . See § 627.607, Fla. . . . Stat. (1989). .The statute states: 627.607 Time limit on certain defenses.— (1) The contract shall include . . .

EQUITABLE LIFE ASSURANCE SOCIETY OF UNITED STATES, v. E. BELL,, 27 F.3d 1274 (7th Cir. 1994)

. . . . § 627.607(1), (2) (West 1984 & 1994 Supp.); 215 ILCS 5/357.3 (Smith-Hurd 1993); Mich.Comp.Laws Ann. . . .

DiFRANCO, v. NATIONAL FOUNDATION LIFE INSURANCE COMPANY,, 551 So. 2d 535 (Fla. Dist. Ct. App. 1989)

. . . Second, the incontestability clause of the subject insurance policy, as required by Section 627.607, . . .

NORTH MIAMI GENERAL HOSPITAL, v. CENTRAL NATIONAL LIFE INSURANCE COMPANY,, 419 So. 2d 800 (Fla. Dist. Ct. App. 1982)

. . . . § 627.607, Fla.Stat. (1975). . . . .

MASSACHUSETTS CASUALTY INSURANCE COMPANY, a v. B. FORMAN,, 516 F.2d 425 (5th Cir. 1975)

. . . . § 627.607. . . . Moreover, such a reading would not promote the purpose or policy of § 627.607. . . .