The 2023 Florida Statutes (including Special Session C)
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. . . Harco, however, argues that section 627.7263 does not apply because it has been preempted by the Graves . . . and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.” § 627.7263 . . .
. . . The parties stipulated that the rental contract signed by the lessee complied with section 627.7263, . . . Furthermore, we have considered, and rejected, Enterprise’s “statutory construction” argument that section 627.7263 . . .
. . . The trial court held that, pursuant to section 627.7263, Florida Statutes, Appellant had the primary . . .
. . . Section 627.7263(1), Florida Statutes (2002), makes the liability and PIP coverage of a lessor such as . . .
. . . See generally §§ 324.02 l(9)(a)2; 627.7263(1), Fla. Stat. (2004). . . .
. . . Under section 627.7263, Florida Statutes, the lessor’s liability insurance is primary unless the rental . . . Stat. § 627.7263 does. . . . Where properly invoked, section 627.7263 provides that the lessee and not the lessor is responsible for . . . Where a lessor fails to properly invoke the provisions of section 627.7263, the lessor and its insurer . . . RJT at 145 ("section 627.7263 does not require lessees to provide a defense to lessors after agreeing . . .
. . . Pursuant to section 627.7263, Florida Statutes (1999), the vehicle rental contract specified in bold . . . This part of the Florida endorsement merely adopts language consistent with section 627.7263 establishing . . . Section 627.7263, Florida Statutes (1999), provides, as follows: (1) The valid and collectible liability . . .
. . . Thereafter, this court reversed the summary judgment finding that “section 627.7263, Florida Statutes . . .
. . . language contained in ap-pellee’s rental agreement was in 10-point type in conformity with section 627.7263 . . .
. . . See § 627.7263(2), Fla. Stat. (1995). During this one-day rental, Mr. . . . See § 627.7263(2), Fla. Stat. (1995). . . . Although there is no general statutory regulation of non-owned auto coverage, section 627.7263(2) makes . . .
. . . made her liability and personal injury protection insurance primary for all losses pursuant to section 627.7263 . . .
. . . The risk-shifting clause did not satisfy the requirements of section 627.7263(2), necessary to shift . . . Section 627.7263(2), Florida Statute (1993), provides: (1) The valid and collectible liability insurance . . . However, to shift the burden, pursuant to section 627.7263(2), the rental agreements must inform the . . . “lessee of the provisions of subsection (1)....” § 627.7263(2). . . . We note, however, that section 627.7263(2), Florida Statutes, was amended, effective July 1, 1995, to . . .
. . . contained the following insurance shifting provision: In accordance with the exception to Florida Statute 627.7263 . . . fees and costs, alleging that State Farm was obligated to defend InterAmerican, pursuant to section 627.7263 . . . Allstate-RJT held that section 627.7263, Florida Statutes, does not encompass a duty on the part of the . . . answered the following (rephrased) certified question in the negative: Did the legislature [in section 627.7263 . . .
. . . The applicable statute is found in section 627.7263 of the Florida Statutes (1985). . . . That statute reads: 627.7263 Rental and leasing driver’s insurance to be primary; exception.— (1) The . . . That language was clearly authorized by the provisions of section 627.7263. . . . New Hampshire Insurance Co., 613 So.2d 466, 470 (Fla.1993), we stated: “Section 627.7263 merely allows . . . Accordingly, we answer the rephrased question in the negative, finding that section 627.7263 does not . . . In 1976 the legislature adopted section 627.7263, Florida Statutes (1977), which allowed the owner to . . . In enacting section 627.7263, there was no reason for the legislature to refer to the duty to defend . . .
. . . . § 627.7263, Fla.Stat. (1989); Interamerican Car Rental Inc. v. Safeway Ins. . . . [C]ompliance with section 627.7263[, Florida Statutes (1985) ] shifted to [the renter’s] insurer the . . . The 1985 and 1989 versions of section 627.7263 of the Florida Statutes are identical. . . .
. . . Because the rental contract complies with the risk-shifting provisions of section 627.7263, Florida Statutes . . . Section 627.7263, Florida Statutes (1991), provides: Rental and leasing driver’s insurance to be primary . . . The purpose of section 627.7263 is to permit the lessor of a motor vehicle to shift primary liability . . . We hold that the risk-shifting provision in this lease clearly complies with section 627.7263. . . .
. . . The above statute provides: 627.7263 Rental and leasing driver’s insurance to be primary; exception.— . . . However, the court determined that by following the procedure outlined in section 627.7263, the leasing . . . We believe that section 627.7263 was intended to shift to the renter’s insurer primary coverage for both . . . The conclusion that, absent compliance with section 627.7263, the owner’s insurer is responsible for . . . Rather, a more common sense reading of section 627.7263 would be to interpret “insurance” consistently . . . I am not convinced that the legislature intended by section 627.7263 to shift to the renter’s insurer . . . Rather, what was shifted in section 627.7263 was the responsibility to provide the primary layer of indemnification . . . purposes with respect to the coverage provided by the renter’s insurer where the provisions of section 627.7263 . . . Even though this exclusion seems to be a slick attempt to avoid any possibility that section 627.7263 . . . Second, where the requirements of section 627.7263, Florida Statutes (1985), are met, the effect of the . . . insurance contract, it has the same obligation to the rental agency because the requirements of section 627.7263 . . .
. . . the burden of primary insurance coverage to U.S.A.A., as third-party defendant, pursuant to section 627.7263 . . . See section 627.7263, Florida Statutes (1987). . . . primary insurance coverage to Hagen’s carrier, U.S.A.A., pursuant to the applicable statute, section 627.7263 . . . The rental agreement expressly states the following: NOTICE: Florida Statute 627.7263 provides that the . . . Co., 613 So.2d 466 (Fla.1993) (section 627.7263 does not authorize an insured to unilaterally convert . . .
. . . The lessee is contracting for a responsibility not otherwise required by section 627.7263(1), Florida . . . Section 627.7263(1), provides: (1) The valid and collectible liability insurance or personal injury protection . . . The first issue here is whether or not this language sufficiently complies with section 627.7263(1), . . . The purpose of section 627.7263(1) is to permit the lessor of an automobile to shift primary liability . . . the same reasoning we conclude that where the burden of primary coverage is not shifted under section 627.7263 . . .
. . . This case involves the issue of whether the notice in an automobile lease complied with section 627.7263 . . . Section 627.7263 provided: (1) The valid and collectible insurance or personal injury protection insurance . . . The lease provided: NOTICE: PURSUANT TO SECTION 627.7263, FLORIDA STATUTES, LESSOR AND LESSEE AGREE THAT . . . contained language similar to the notice in the present case, except there was no reference to section 627.7263 . . . Since the statute requires that the lessee must be informed of provisions of section 627.7263, we cannot . . .
. . . consolidation was improper, this court stated: The legislature, in enacting the nonjoin-der statute [§ 627.7263 . . . We recognize that, in Nail, this court was considering section 627.7263 a nonjoinder statute, and, in . . .
. . . provision in the rental contract between the lessee and the defendant adequately complied with Section 627.7263 . . . which is printed in bold capital letters, states: “IN ACCORDANCE WITH THE EXCEPTION TO FLORIDA STATUTE 627.7263 . . . We conclude that this provision fully complies with Section 627.7263 because (a) it clearly states in . . . space for the name of the Lessee’s insurance company if the Lessor’s insurance is not to be primary." § 627.7263 . . .
. . . The rental agreement contains the following provision invoking section 627.7263, Florida Statutes: NOTICE . . . Grant and Lindo’s claimed that the rental agreement, which incorporated section 627.7263, and the New . . . On appeal to the Eleventh Circuit, Grant and Lindo’s maintain that section 627.7263 applies to excess . . . Section 627.7263 merely allows the lessor of a Florida-registered motor vehicle to shift the burden of . . . Section 627.7263, Florida Statutes (1987), provides: (1) The valid and collectible liability insurance . . .
. . . rental contract does not contain any language satisfying the statutory insurance requirements in section 627.7263 . . . or deceptive for any other reason, we conclude that the failure of the leases to comply with section 627.7263 . . .
. . . Snappy Car Rental, 553 So.2d 740 (Fla. 5th DCA 1989); § 627.7263, Fla.Stat. (1987). . . .
. . . Section 627.7263, Florida Statutes, provides: Rental and leasing driver’s insurance to be primary; exception . . . The motor vehicle rental agreement in this case states: Notice: Section 627.7263 of the Florida Statutes . . .
. . . bold type in the rental agreement between American and Henderson: NOTICE TO RENTER FLORIDA STATUTE 627.7263 . . . In enacting section 627.7263, Florida Statutes (1986), the legislature created an exception to the dangerous . . .
. . . Snappy Car Rental, 553 So.2d 740 (Fla. 5th DCA 1989); § 627.7263, Fla.Stat. (1987). Affirmed. . . . .
. . . . § 627.7263, Fla. Stat. (1987). . . .
. . . the burden of providing primary insurance coverage to Gray’s insurer failed to comply with section 627.7263 . . . trial court concluded that the rental agreement complied with the boldface type requirements of section 627.7263 . . . Section 627.7263, Florida Statutes (1987) provides as follows: 627.7263 Rental and leasing driver’s insurance . . . Section 627.7263 mandates that the insurance policy providing coverage for the lessor of a motor vehicle . . . The court noted that section 627.7263 provides the exclusive method of shifting primary liability coverage . . .
. . . Section 627.7263, Florida Statutes, provides: (1) The valid and collectible liability insurance or personal . . .
. . . owner/lessor has properly shifted the burden of primary insurance to the lessee pursuant to section 627.7263 . . .
. . . face, the lease agreement between GMAC and the Thompsons complied with the requirements of section 627.7263 . . .
. . . financial responsibility and coverage laws of Florida, Florida Statutes §§ 324.021(7), 324.151(l)(a), 627.7263 . . .
. . . . § 324.021(7) and § 627.7263, Fla.Stat. (1985). . . .
. . . certain provision of the lease agreement did not satisfy the “boldface” type requirement of section 627.7263 . . .
. . . It then filed a motion for rehearing of the summary judgment alleging that section 627.7263(1), Florida . . . Mondellos contend that because Lakeland Ford failed to comply with the bold-type provision of section 627.7263 . . . Section 627.7263(1) provides as follows: The valid and collectible liability insurance or personal injury . . . contends that it is not therefore responsible for providing uninsured motorist coverage because section 627.7263 . . . Section 627.7263 provides that a lessor’s liability or personal injury protection insurance shall be . . .
. . . primary insurer of the lessor Turner, must provide the first $10,000 of coverage pursuant to section 627.7263 . . . abrogated when, in chapter 77-48, Laws of Florida, the legislature adopted the 1977 version of section 627.7263 . . . SCHEB, A.C.J., and SCHOONOVER, J., concur. .Section 627.7263, Fla.Stat. (1977), provides: (1) The valid . . .
. . . holding that the rental agreement did not, in form or content, satisfy the requirements of section 627.7263 . . .
. . . The only exception to this rule is when a lease situation exists and the lessor, pursuant to section 627.7263 . . . /lessor and its insurer, Southeastern, concede that the lease agreement did not comply with section 627.7263 . . . limited, however, to $10,000 per person, the amount required by the financial responsibility law. § 627.7263 . . .
. . . whether Reliance or Maryland is responsible for the primary layer of coverage is determined by section 627.7263 . . . The last sentence of subsection (1) of section 627.7263, Florida Statutes (1981), is determinative of . . . The last sentence of subsection (1) of section 627.7263 states that the lessor’s insurance is primary . . . Therefore, the plain meaning of section 627.7263 requires us to find that Reliance’s insurance policy . . .
. . . lessor has properly shifted the burden of primary insurance coverage to the lessee pursuant to section 627.7263 . . .
. . . I would agree with the court but for the clear language of section 627.7263(1), Florida Statutes (1983 . . . the trial court summarily held and Southeastern agrees that it provides primary coverage under sec. 627.7263 . . . DeSerio seem to indicate—why the failure of the lessor and its insurer successfully to invoke sec. 627.7263 . . .
. . . Section 627.7263(1), Florida Statutes (1983), provides: The valid and collectible liability insurance . . .
. . . that lessor did not properly shift the primary responsibility to the lessee as required by section 627.7263 . . . Florida Statute 627.7263 regulates insurance coverage priorities. . . . primary responsibility to the lessee because it was not stated in bold type as required by section 627.7263 . . . we think P & H is not dispositive on the issue of whether a lessor who does not comply with section 627.7263 . . . that the lessor was obligated to provide primary insurance coverage, the lessor argued that section 627.7263 . . . Section 627.7263, Florida Statutes, statutorily changes the above rule and provides that, with several . . . the driver and his insurer assume responsibility for excess coverage is not because the statute (§ 627.7263 . . .
. . . . §§ 324.021(7)(a), 627.7263, Fla.Stat. (1977). . . .
. . . The only question presented concerns the proper interpretation of Section 627.7263, Florida Statutes . . . Section 627.7263, Florida Statutes (Supp.1976), provided that the lessee’s insurance would be primary . . .
. . . It should also be noted that section 627.7263, Florida Statutes (1981), provides that an automobile lessor . . . Section 627.7263, Florida Statutes (1981), provides in relevant part: (1) The valid and collectible liability . . .
. . . Section 627.7263 provides that insurance for a lessor shall be primary unless otherwise stated in “bold . . . We have held that section 627.7263 provides a means by which the lessor may shift the obligation for . . . Mead, 388 So.2d 266 (Fla. 5th DCA 1980) (construing section 627.7263 prior to its amendment in 1977, . . . Section 627.7263 was construed so as to permit the lessor to provide primary coverage through the doctrine . . . Section 627.7263 provides, in part: (1) The valid and collectible liability insurance or personal injury . . .
. . . insurer because the rental agreement did not properly shift that burden to the lessee under section 627.7263 . . . Section 627.7263 provides a means by which the lessor may shift the obligation for primary coverage to . . . (c) determine: (iv) The issue of liability in favor of a party seeking affirmative relief. .Section 627.7263 . . . type no different than found elsewhere in the agreement, is this statement: “Notice — Florida Statutes 627.7263 . . .
. . . insurance coverage on a rented vehicle notwithstanding the lessor’s failure to comply with section 627.7263 . . . affirmatively alleged that Lin-do’s rental agreement failed to comply with the requirements of section 627.7263 . . . Section 627.7263, Florida Statutes (1979), provides as follows: Rental and leasing driver’s insurance . . . The trial court found the notice on the agreement inadequate to comply with section 627.7263, Florida . . . We hold that section 627.7263, Florida Statutes (1979), provides the exclusive method of shifting primary . . .
. . . the coverage question, South Carolina contends that Biscayne did not sufficiently comply with Section 627.7263 . . . The notice states: NOTICE — Florida Statutes 627.7263 provides that the rental customer’s automobile . . . In order to satisfy the requirements of Section 627.7263, supra, we find that the lessee must be clearly . . . As a result of the defective compliance with Section 627.7263, supra, the lessee necessarily contracted . . . Section 627.7263, Florida Statutes (1976 Supp.) provided that the lessee’s insurance would be primary . . .
. . . cross-claim and asserted that notwithstanding the lease terms, because of the requirements of section 627.7263 . . . Section 627.7263 Rental and leasing driver’s insurance primary. (1) The valid and collectible liability . . .
. . . question of primary coverage for rental vehicles has subsequently' been directly addressed by Section 627.7263 . . . Section 627.7263 has been modified by section 29 of Chapter 77-468, Laws of Florida, to reflect the case . . .