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Florida Statute 627.7282 | Lawyer Caselaw & Research
F.S. 627.7282 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 627.7282

The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE
Chapter 627
INSURANCE RATES AND CONTRACTS
View Entire Chapter
F.S. 627.7282
627.7282 Notice of additional premium; cancellation upon nonpayment.
(1) Upon a determination by an insurer that, in accordance with its rate filings and the applicable laws of this state relating to private passenger motor vehicle insurance, a policyholder has been charged a premium that is incorrect for the coverage set forth in the insurance application, the insurer shall immediately provide notice to the policyholder of the amount of additional premium due to the insurer and that the policyholder has the following options:
(a) The policyholder has a period of 10 days, or a longer period if specified by the insurer, from receipt of the notice within which to pay the additional amount of premium due and thereby maintain the policy in full force under its original terms.
(b) The policyholder has a period of 10 days, or a longer period if specified by the insurer, from receipt of the notice within which to cancel the policy and demand a refund of any unearned premiums.
(c) If the policyholder fails to timely respond to the notice, the insurer shall cancel the policy and return any unearned premium to the insured. The date on which the policy will be canceled shall be stated in the notice and shall in no case be less than 14 days after the date of the notice.
(2) The amount of unearned premium due to the policyholder as a result of cancellation in accordance with subsection (1) shall be calculated on a pro rata basis.
(3) No insurer shall unilaterally alter or modify the policy period for a private passenger automobile insurance policy to provide an expiration date that is prior to the date specified in the policyholder’s application, except as provided in this section.
(4) This section shall not be construed to limit insurers’ rights to cancel in accordance with applicable provisions of the insurance code.
(5) The commission may adopt rules prescribing the format of the notice.
History.s. 1, ch. 86-252; s. 2, ch. 87-50; s. 114, ch. 92-318; s. 12, ch. 2000-370; s. 1193, ch. 2003-261.

F.S. 627.7282 on Google Scholar

F.S. 627.7282 on Casetext

Amendments to 627.7282


Arrestable Offenses / Crimes under Fla. Stat. 627.7282
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.7282.



Annotations, Discussions, Cases:

Cases from cite.case.law:

A. SMITH, v. NEW HAMPSHIRE INDEMNITY COMPANY, a a s o, 60 So. 3d 429 (Fla. Dist. Ct. App. 2011)

. . . Appellant contends the trial court erred by finding that section 627.7282, Florida Statutes, does not . . . NHIC’s affirmative defenses included: (1) section 627.7282 does not apply to the subject policy; (2) . . . At the hearing on NHIC’s motion for summary judgment, NHIC argued that section 627.7282, which requires . . . To determine whether section 627.7282 applies to insurance policy renewals or amendments, and not just . . . It is clear from reading these provisions that section 627.7282 applies to situations when an insurer . . . NHIC charged an incorrect premium, thereby requiring NHIC to follow the procedures outlined in section 627.7282 . . . material fact exist as to whether “a policyholder has been charged a premium that is incorrect....” § 627.7282 . . . factual issues, the majority would affirm as a matter of law based on its determination that section 627.7282 . . . In enacting section 627.7282, the Legislature was attempting to protect consumers from a growing practice . . . The chapter law enacting section 627.7282 titled the statute as follows: An act relating to insurance . . .

GONZALEZ, v. EAGLE INSURANCE COMPANY,, 948 So. 2d 1 (Fla. Dist. Ct. App. 2006)

. . . A similar statute, section 627.7282(l)(c), dealing with the charging of an incorrect premium, specifies . . . Figueroa, 917 So.2d 901, 903 (Fla. 3d DCA 2005), we held that “section 627.7282(l)(c) does not require . . .

U. S. SECURITY INSURANCE COMPANY, v. FIGUEROA,, 917 So. 2d 901 (Fla. Dist. Ct. App. 2005)

. . . See § 627.7282(1), Fla. Stat. (2000). . . . See § 627.7282(1), Fla. Stat. (2000). Here, U.S. . . . See § 627.7282(l)(c), Fla. Stat. (2000). . . . The plain language of section 627.7282(l)(c) requires the insurer to cancel the policy and return the . . . Accordingly, we hold that the trial court erred in relying on Bankers, and hold that section 627.7282 . . .

AMSTAR INSURANCE COMPANY, v. CADET,, 862 So. 2d 736 (Fla. Dist. Ct. App. 2003)

. . . Bankers held that pursuant to section 627.7282(1)(c), Florida Statutes (2000), the refund of premiums . . . However section 627.7282, which deals with an incorrect premium charge, is not applicable to the instant . . .

LESCANO, v. SOUTHERN GROUP INDEMNITY, INC., 813 So. 2d 1037 (Fla. Dist. Ct. App. 2002)

. . . Appellant claims that pursuant to section 627.7282, Florida Statutes (1999), which sets forth the procedure . . .

BANKERS INSURANCE COMPANY, a v. GENERAL NO- FAULT INSURANCE, INC. d b a No- a, 814 So. 2d 1119 (Fla. Dist. Ct. App. 2002)

. . . See § 627.7282(l)(c), Fla. Stat. (2000). . . .

HERNANDEZ, v. STATE FARM FIRE AND CASUALTY COMPANY,, 762 So. 2d 551 (Fla. Dist. Ct. App. 2000)

. . . His suit was based on section 627.7282(1), Florida Statutes (1997), which requires that the insured be . . . The trial court found that section 627.7282(1), Florida Statutes (1997), does not apply to renewal policies . . .

STINSON, v. UNITED AUTOMOBILE INSURANCE COMPANY,, 734 So. 2d 505 (Fla. Dist. Ct. App. 1999)

. . . them an additional premium and sent each of them a “three option letter” in conformity with section 627.7282 . . . The complaint requested a declaration of rights with regard to sections 627.7282 and 627.7283, Florida . . . The complaint alleged that United Auto had violated section 627.7282(l)(c) because it did not terminate . . . United Auto argued that there was no cause of action for a violation of section 627.7282 and that the . . . The plaintiffs asserted that they had a cause of action for United Auto’s violation of section 627.7282 . . .

ARIES INSURANCE COMPANY, v. ALEMAN,, 695 So. 2d 910 (Fla. Dist. Ct. App. 1997)

. . . The trial court found that section 627.7282, Florida Statutes (1993), contained unambiguous language . . .

SOTOMAYOR, v. SEMINOLE CASUALTY INSURANCE COMPANY,, 650 So. 2d 663 (Fla. Dist. Ct. App. 1995)

. . . followed in the event that a premium has been incorrectly calculated is plainly set forth in section 627.7282 . . . In combination, these provisions are practically identical to section 627.7282, except the contract re . . . The notice manifestly does not meet the requirements of 627.7282(1) or the insurance contract. . . . Seminole urges that section 627.7282 is not the controlling statute because Seminole has an absolute . . . This document, however, cannot substitute for Seminole’s obligation to comply with section 627.7282(1 . . .

G. RIVERA, v. AMERICAN SKYHAWK INSURANCE COMPANY,, 645 So. 2d 540 (Fla. Dist. Ct. App. 1994)

. . . Section 627.7282(3), Fla.Stat. (1993) is not ambiguous in its terms relative to cancellation of a policy . . . Section 627.7282(3), Fla.Stat. (1993) reads: (3) No insurer shall unilaterally alter or modify the policy . . .

PIERSON v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,, 621 So. 2d 576 (Fla. Dist. Ct. App. 1993)

. . . concerned an additional premium and that State Farm failed to comply with the requirements of section 627.7282 . . .