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Florida Statute 627.737 | Lawyer Caselaw & Research
F.S. 627.737 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE
Chapter 627
INSURANCE RATES AND CONTRACTS
View Entire Chapter
F.S. 627.737
627.737 Tort exemption; limitation on right to damages; punitive damages.
(1) Every owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730-627.7405, and every person or organization legally responsible for her or his acts or omissions, is hereby exempted from tort liability for damages because of bodily injury, sickness, or disease arising out of the ownership, operation, maintenance, or use of such motor vehicle in this state to the extent that the benefits described in s. 627.736(1) are payable for such injury, or would be payable but for any exclusion authorized by ss. 627.730-627.7405, under any insurance policy or other method of security complying with the requirements of s. 627.733, or by an owner personally liable under s. 627.733 for the payment of such benefits, unless a person is entitled to maintain an action for pain, suffering, mental anguish, and inconvenience for such injury under the provisions of subsection (2).
(2) In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730-627.7405, or against any person or organization legally responsible for her or his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
(d) Death.
(3) When a defendant, in a proceeding brought pursuant to ss. 627.730-627.7405, questions whether the plaintiff has met the requirements of subsection (2), then the defendant may file an appropriate motion with the court, and the court shall, on a one-time basis only, 30 days before the date set for the trial or the pretrial hearing, whichever is first, by examining the pleadings and the evidence before it, ascertain whether the plaintiff will be able to submit some evidence that the plaintiff will meet the requirements of subsection (2). If the court finds that the plaintiff will not be able to submit such evidence, then the court shall dismiss the plaintiff’s claim without prejudice.
(4) In any action brought against an automobile liability insurer for damages in excess of its policy limits, no claim for punitive damages shall be allowed.
History.s. 8, ch. 71-252; s. 3, ch. 76-168; s. 5, ch. 76-266; s. 1, ch. 77-457; s. 35, ch. 77-468; s. 4, ch. 78-374; ss. 2, 3, ch. 81-318; ss. 555, 563, ch. 82-243; s. 363, ch. 97-102; s. 19, ch. 2003-411; s. 14, ch. 2007-324.

F.S. 627.737 on Google Scholar

F.S. 627.737 on Casetext

Amendments to 627.737


Arrestable Offenses / Crimes under Fla. Stat. 627.737
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.737.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CONTI, v. AUCHTER, 266 So. 3d 1250 (Fla. App. Ct. 2019)

. . . See § 627.737, Fla. . . .

L. SWANSON, v. M. BEILMAN,, 216 So. 3d 784 (Fla. Dist. Ct. App. 2017)

. . . See § 627.737(2), Fla. Stat. (2010). AFFIRMED. ORFINGER, TORPY and EVANDER, JJ., concur. . . .

GEICO GENERAL INSURANCE COMPANY, v. A. DIXON,, 209 So. 3d 77 (Fla. Dist. Ct. App. 2017)

. . . See §§ 627.727, 627.737, Fla. . . .

CATHERINE S. CADLE, v. GEICO GENERAL INSURANCE COMPANY,, 838 F.3d 1113 (11th Cir. 2016)

. . . The Florida Supreme Court has explained the interrelationship of § 627.727(7) and § 627.737(2) regarding . . . Stat. § 627.737(2)(b)) (emphasis added). . . . Stat. § 627.737(2)(b). . . . Stat. § 627.737(2)(a)-(d). . . . . Stat. § 627.737(2)(a)-(d)); see Fla. Standard Jury Instruction 501.3. . . . .

R. BATCHELOR, v. GEICO CASUALTY COMPANY,, 142 F. Supp. 3d 1220 (M.D. Fla. 2015)

. . . The PI Requirement is set forth in the Policy and in Florida Statutes, § 627.737(2). . . .

HARRIS, v. GEICO GENERAL INSURANCE COMPANY, a, 619 F. App'x 896 (11th Cir. 2015)

. . . Accord § 627.737(2)(b). . . .

WIGGINS, v. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY,, 94 F. Supp. 3d 1276 (S.D. Fla. 2015)

. . . . §§ 627.727(7) & 627.737(2)(a)-(d). . . . Stat. § 627.737(2)(b) [D.E. 74 at 4-6, 9-10]. . . . Stat. § 627.737(2)(b) at trial with the standard for determining whether an insurer acted in good faith . . .

In ENGLE PROGENY CASES, 53 F. Supp. 3d 591 (E.D.N.Y. 2014)

. . . . § 627.737(2). There is no analogous requirement in any other type of case. . . .

HARRIS, v. GEICO GENERAL INSURANCE COMPANY,, 961 F. Supp. 2d 1223 (S.D. Fla. 2013)

. . . . § 627.737(2). . . . anguish and inconvenience unless the injury or disease described in one or more paragraphs (a)-(d) of § 627.737 . . . or his uninsured motorist carrier, must first meet the threshold requirements enumerated in section 627.737 . . . car accident wherein the victim attempted to prove the presence of a permanent injury as defined by § 627.737 . . . 1984) (noting that “medical testimony is necessary in establishing a permanent injury under section 627.737 . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASE- REPORT NO., 130 So. 3d 596 (Fla. 2013)

. . . following elements: NOTE ON USE FOR 501.1 If there is an issue of limitation on damages because of F.S. 627.737 . . . See F.S. 627.737(2) (1991). . . . there is proof that a claimant will incur future damages that are not excluded from recovery by F.S. 627.737 . . . See F.S. 627.737(2) (1991); Auto-Owners Insurance Co. v. Tompkins, 651 So.2d 89 (Fla.1995). . . . F.S. 627.737(2) (1991) does not define “permanent injury within a reasonable degree of medical probability . . .

DUCLOS, v. RICHARDSON,, 113 So. 3d 1001 (Fla. Dist. Ct. App. 2013)

. . . damages for injury to her neck resulting from an automobile accident with the defendant, under section 627.737 . . .

JIMINEZ, v. FACCONE,, 98 So. 3d 621 (Fla. Dist. Ct. App. 2012)

. . . Jiminez was entitled to the threshold defense under section 627.737, Florida Statutes (1997), requiring . . . recover noneconomic damages “for pain, .suffering, mental anguish, and inconvenience” under section 627.737 . . . Pursuant to section 627.737(2), a part of Florida’s no-fault laws, a plaintiff may not recover noneco-nomic . . . Jiminez met the first requirement of section 627.737(2) — as owner and operator of a vehicle on the roads . . .

B. WALD, Jr. v. F. GRAINGER,, 64 So. 3d 1201 (Fla. 2011)

. . . The First District concluded that section 627.737(2), Florida Statutes (2007), precluded the jury from . . . Section 627.737(2)(b) provides that a plaintiff may recover damages in tort for pain, suffering, mental . . .

ANGELUCCI v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, a, 412 F. App'x 206 (11th Cir. 2011)

. . . . § 627.737. Thereafter, the Angeluceis filed suit against GEICO, seeking the benefits. . . .

GEICO GENERAL INSURANCE COMPANY, v. CIRILLO- MEIJER,, 50 So. 3d 681 (Fla. Dist. Ct. App. 2010)

. . . . § 627.737(2)(c), Fla. Stat. (2010). . . . Scaringelli, 189 N.J. 558, 917 A.2d 734, 743 (2007) (interpreting a statute similar to section 627.737 . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO. In No. In No. In No. In No. s In No. In No. In No. In No., 35 So. 3d 666 (Fla. 2010)

. . . NOTE ON USE FOR 501.1 If there is an issue of limitation on damages because of F.S. 627.737(2), use instruction . . . See F.S. 627.737(2) (1991). . . . there is proof that a claimant will incur future damages that are not excluded from recovery by F.S. 627.737 . . . See F.S. 627.737(2) (1991); Auto-Owners Insurance Co. v. Tompkins, 651 So.2d 89 (Fla.1995). . . . F.S. 627.737(2) (1991) does not define “permanent injury within a reasonable degree of medical probability . . .

TRUMBULL INSURANCE COMPANY, a d b a v. WOLENTARSKI,, 2 So. 3d 1050 (Fla. Dist. Ct. App. 2009)

. . . Wolentarski also moved to strike the School Board’s section 627.737(2) affirmative defense. . . . Wol-entarski moved to strike the School Board’s section 627.737 defense. The motion was granted. . . . Section 627.737(2) limits damages in tort actions against owners, registrants, operators, and occupants . . .

UNITED AUTOMOBILE INS. CO. v. CUSTER MEDICAL CENTER a a o, 990 So. 2d 633 (Fla. Dist. Ct. App. 2008)

. . . See § 627.737(2)(a)-(d), Fla. Stat. (1997). . . .

F. GRAINGER, v. B. WALD, Jr., 982 So. 2d 42 (Fla. Dist. Ct. App. 2008)

. . . See § 627.737(2), Fla. Stat. . . .

STAKEM, III, v. RANDOLPH, Co., 228 F. App'x 600 (6th Cir. 2007)

. . . mental anguish, or inconvenience”) that arise out of a “serious injury,” as defined by Florida Statute § 627.737 . . .

MERCURY INSURANCE COMPANY OF FLORIDA, v. A. MORETA,, 957 So. 2d 1242 (Fla. Dist. Ct. App. 2007)

. . . The bodily injury must be a serious injury as described in Section 627.737(2) of the Florida Motor Vehicle . . .

FULL CIRCLE DAIRY LLC, v. R. McKINNEY, II,, 467 F. Supp. 2d 1343 (M.D. Fla. 2006)

. . . Dillon, 415 So.2d 12, 17 (Fla.1982) (limitations in Florida’s no fault statute, § 627.737, provide a . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. NICHOLS, v., 932 So. 2d 1067 (Fla. 2006)

. . . . § 627.737, Fla. Stat. (2001). . . .

STAKEM, III, v. RANDOLPH,, 431 F. Supp. 2d 782 (E.D. Tenn. 2006)

. . . . § 627.737(2), which are incorporated into the subject policy. . . . Ann. § 627.737(2). . . . The provisions of F.S. 627.737, F.S.A, do provide a reasonable alternative to the traditional action . . . Ann. § 627.737(2) in order to recover UM benefits for non-economic damages where the tortfeasor could . . . Stakem agrees, that only section 627.737(2)(b), which addresses “permanent injury within a reasonable . . .

FRIED, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,, 904 So. 2d 566 (Fla. Dist. Ct. App. 2005)

. . . The problem with that theory is that under sections 627.727 and 627.737, Florida Statutes, an insured . . .

F. KOLETZKE, Jr. v. SMALL,, 900 So. 2d 752 (Fla. Dist. Ct. App. 2005)

. . . attorneys that it is not safe in this type of an action involving the no-fault threshold under section 627.737 . . .

STERNBERG v. ALLSTATE INSURANCE COMPANY,, 900 So. 2d 732 (Fla. Dist. Ct. App. 2005)

. . . that the trial court erred in requiring them to prove a permanent injury under sections 627.727(7) and 627.737 . . . providing UM coverage limited coverage for non-economic damages to injuries as described in section 627.737 . . .

NORMAN, v. FARROW,, 880 So. 2d 557 (Fla. 2004)

. . . Section 627.737(1) limits an injured party's entitlement to bring suit in tort by stating in pertinent . . . suffering, mental anguish, and inconvenience for such injury under the provisions of subsection (2). § 627.737 . . .

EDWARDS, d b a R D Co. v. SAFEGUARD INSURANCE COMPANY,, 323 F. Supp. 2d 1263 (M.D. Fla. 2004)

. . . contends that Count II fails to state a claim upon which relief can be granted in that Florida Statute § 627.737 . . . The parties have filed supplemental memo-randa addressing the applicability of Florida Statute § 627.737 . . . To the extent Plaintiff points to the title of § 627.737 in support of his argument, the Court is not . . . Nales, in dicta, discussed § 627.737(4) only in the context that it was added to § 627.737 in 1977, demonstrating . . . The plain language of § 627.737(4) renders it applicable to the instant action. . . .

ADVENTIST HEALTH SYSTEM SUNBELT, INC. v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY, 865 So. 2d 561 (Fla. Dist. Ct. App. 2004)

. . . whether an injured plaintiff suffered an injury that satisfies the permanency threshold under section 627.737 . . . In cases involving the issue of permanency under section 627.737(2), the jury is instructed to determine . . .

MEYER, v. A. HUTCHINSON F., 861 So. 2d 1185 (Fla. Dist. Ct. App. 2003)

. . . which would entitle them to recover for pain, suffering, mental anguish and inconvenience under section 627.737 . . . Section 627.737, Florida Statutes, is the authority for a “threshold defense” under which Meyer contends . . . her Michigan insurance policy provides. ' The pertinent parts of section 627.737 include: (1) Every . . . Before a claimant can recover the non-economic damages, described in section 627.737(2), the claimant . . . must establish a threshold injury as described in section 627.737(2)(a)-(d). . . .

NICHOLS, v. STATE FARM MUTUAL,, 851 So. 2d 742 (Fla. Dist. Ct. App. 2003)

. . . . § 627.737, Fla. Stat. (2001). . . . the right to recover for intangible damages to the extent covered by the required insurance (F.S. s 627.737 . . .

SWEITZER, v. M. THOMAS,, 834 So. 2d 283 (Fla. Dist. Ct. App. 2002)

. . . Appellant’s entitlement to the exemption from liability afforded by section 627.737, Florida Statutes . . . of life — may be recovered from a defendant who enjoys exemption from liability pursuant to section 627.737 . . . This interpretation of section 627.737 is consistent with the purpose of the statute, which is to permit . . . Furthermore, we agree with the conclusion of Giles that the language in section 627.737(1), specifically . . . These elements of noneconomic damages are not specifically referenced in section 627.737(2), Florida . . .

STANDARD JURY INSTRUCTIONS- CIVIL CASES NOS., 825 So. 2d 277 (Fla. 2002)

. . . there is proof that a claimant will incur future damages that are not excluded from recovery by section 627.737 . . . See section 627.737(2), Florida Statutes (1991). 2. . . . See § 627.737(2), Fla. Stat. (1991); Auto-Owners Ins. Co. v. Tompkins, 651 So.2d 89 (Fla.1995). . . . support the claim on the issue of permanency, then your verdict should be for the defendant.” 3.Section 627.737 . . .

GILES v. LUCKIE,, 816 So. 2d 248 (Fla. Dist. Ct. App. 2002)

. . . Section 627.737(1) provides in pertinent part that every owner, registrant, operator, or occupant of . . . Therefore, they argue that the threshold requirements in section 627.737(2) apply only to those four . . . In Smiley, the second district reasoned that the tort exemption in section 627.737(1) extends to all . . . Although this interpretation brings into question the language at the end of section 627.737(1), that . . . In accordance with the long-understood meaning of this provision, we conclude that section 627.737(2) . . .

TERRI VAN WINKLE, P. A. v. JOHNSTON, 813 So. 2d 1065 (Fla. Dist. Ct. App. 2002)

. . . carrier does not include damages in tort for pain and suffering unless the injury is described in section 627.737 . . .

WELCH, v. FEGA, 800 So. 2d 327 (Fla. Dist. Ct. App. 2001)

. . . We are persuaded by the second district’s interpretation of section 627.737, Florida Statutes (1999), . . .

UNITED AUTOMOBILE INSURANCE COMPANY, v. RODRIGUEZ, v., 808 So. 2d 82 (Fla. 2001)

. . . . § 627.737(1), F.S.A.); furthermore, the accident victim is assured of some recovery even where he himself . . .

SMILEY A. v. A. NELSON, 805 So. 2d 870 (Fla. Dist. Ct. App. 2001)

. . . Section 627.737(1) provides that every owner, operator, or occupant of a motor vehicle for which security . . . Nelson did not satisfy the perma-neney threshold of section 627.737. . . . Section 627.737(1) exempts a defendant from tort liability for damages because of bodily injury arising . . . Punitive damages are not mentioned in section 627.737. . . . Section 627.737, however, does contemplate compensatory noneconomic damages. . . .

LORING, Jr. v. K. WINTERS,, 802 So. 2d 335 (Fla. Dist. Ct. App. 2001)

. . . Loring argued to the trial court that under section 627.737, Florida Statutes (1993), he was entitled . . . Section 627.737 plainly intends to exempt owners, registrants, operators, or occupants from tort liability . . . Section 627.737, Florida Statutes (1993), provides in pertinent part: (1) Every owner, registrant, operator . . .

M. OWEN, v. R. MORRISEY, Jr. B., 793 So. 2d 1018 (Fla. Dist. Ct. App. 2001)

. . . These non-economic damages are precluded under section 627.737(2), Florida Statutes (1993), absent a . . . finding of a permanent injury; however, there is nothing in section 627.737(2) that precludes an award . . . Section 627.737(2), Florida Statutes (1993), provides: (2) In any action of tort brought against the . . .

MALDONADO, v. ALLSTATE INSURANCE COMPANY,, 789 So. 2d 464 (Fla. Dist. Ct. App. 2001)

. . . The law was very controversial in 1971 because section 627.737 created a “no-fault threshold” and took . . . payment of personal injury benefits under section 627.736 and in the immunity provided under section 627.737 . . .

STATE v. BRADFORD,, 787 So. 2d 811 (Fla. 2001)

. . . .; see also § 627.737(2), Fla.Stat. (1997). .Attached to the legislative history of this chapter law . . .

ALLSTATE INDEMNITY COMPANY, v. WISE a k a Jr., 818 So. 2d 524 (Fla. Dist. Ct. App. 2001)

. . . See § 627.737, Fla. Stat. (2000). . . . .

BUDGET RENT- A- CAR SYSTEMS, INC. v. CASTELLANO, a, 764 So. 2d 889 (Fla. Dist. Ct. App. 2000)

. . . . § 627.737(1), Fla. Stat. (1997). . . . district courts were in conflict as to the definition of “payable” as used in sections 627.736(3) and 627.737 . . . any insurance policy or other method of security complying with the requirements of s. 627.733.... § 627.737 . . .

ROLLINS, v. PIZZARELLI,, 761 So. 2d 294 (Fla. 2000)

. . . Lastly, we disagree with the dissents in this case that our prior case law construing section 627.737 . . . Gulf Breeze Enterprises, Inc., 403 So.2d 1325 (Fla.1981), we upheld the constitutionality of section 627.737 . . . In discussing the provisions of section 627.737(3) in effect at that time, we stated that “[t]o prevent . . .

SHEFFIELD, v. SUPERIOR INSURANCE COMPANY,, 741 So. 2d 533 (Fla. Dist. Ct. App. 1999)

. . . ." § 627.737(2)(b), Fla. Stat. (1995). . . . .” § 627.737(2)(b), Fla. . . .

BUDGET RENT- A- CAR SYSTEMS, INC. v. CASTELLANO, a, 737 So. 2d 574 (Fla. Dist. Ct. App. 1999)

. . . . § 627.737(1), Fla. Stat. (1997). . . . district courts were in conflict as to the definition of “payable” as used in sections 627.736(3) and 627.737 . . . any insurance policy or other method of security complying with the requirements of § 627.733.... § 627.737 . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. DIXON, 732 So. 2d 1 (Fla. Dist. Ct. App. 1999)

. . . for non-economic damages where the insured did not first meet the threshold requirements of section 627.737 . . . in the State Farm policy, require that a party’s injury be a serious injury as described in section 627.737 . . . unless the injury or disease is described in one or more of paragraphs (a) through (d) of section] 627.737 . . . or his uninsured motorist carrier, must first meet the threshold requirements enumerated in section 627.737 . . . Section 627.737(2)(a)-(d) provides: In any action of tort brought against the owner, registrant, operator . . .

A. MEDINA, Sr. v. PERALTA,, 724 So. 2d 1188 (Fla. 1999)

. . . completely in conflict with the parties’ agreement and, more important, with the mandatory terms of section 627.737 . . .

T. GOLDEN, v. TIPTON,, 723 So. 2d 871 (Fla. Dist. Ct. App. 1998)

. . . See § 627.737, Fla. Stat. (1993). . . .

STANDARD JURY INSTRUCTIONS- CIVIL CASES NO., 723 So. 2d 174 (Fla. 1998)

. . . there is proof that a claimant will incur future damages that are not excluded from recovery by section 627.737 . . . See section 627.737(2), Florida Statutes (1991). 2. . . . See § 627.737(2), Fla. Stat. (1991); Auto-Owners Ins. Co. v. Tompkins, 651 So.2d 89 (Fla. 1995). . . . Section 627.737(2), Florida Statutes (1991), does not define “permanent injury within a reasonable degree . . .

MATIYOSUS v. KEATEN, 717 So. 2d 1097 (Fla. Dist. Ct. App. 1998)

. . . See § 627.737(2), Fla. Stat. See also Chapman v. . . .

M. ASSI, v. FLORIDA AUTO AUCTION OF ORLANDO, INC., 717 So. 2d 588 (Fla. Dist. Ct. App. 1998)

. . . . § 627.737(1), Fla. . . . . § 627.737, Fla. Stat. . § 737.736(4)(d), Fla. Stat. See Mansfield v. . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. KLINGLESMITH,, 717 So. 2d 569 (Fla. Dist. Ct. App. 1998)

. . . We held in Kokotis that the setoff provision contained in section 627.737 (the tort exemption statute . . .

DERIUS, v. ALLSTATE INDEMNITY COMPANY,, 723 So. 2d 271 (Fla. Dist. Ct. App. 1998)

. . . presented in this case is analogous to that arising under another portion of the No-Fault Law, section 627.737 . . . permanency, the Supreme Court Committee on Standard Jury Instructions in Civil Cases observed: Section 627.737 . . . The Supreme Court authorized the use of the Committee’s proposed instruction on section 627.737(2). . . .

A. HOLT, v. KING,, 707 So. 2d 1141 (Fla. Dist. Ct. App. 1998)

. . . . § 627.737(1), Fla. Stat. (1995). . . . or her own insurer, where the injury fails to reach the permanent injury threshold found in section 627.737 . . .

A. MEDINA, Sr. v. PERALTA,, 705 So. 2d 703 (Fla. Dist. Ct. App. 1998)

. . . completely in conflict with the parties’ agreement and, more important, with the mandatory terms of section 627.737 . . .

ALLSTATE INDEMNITY COMPANY, v. DIAZ,, 701 So. 2d 94 (Fla. Dist. Ct. App. 1997)

. . . In Dauksis, the Supreme Court reviewed the interplay of sections 627.727(7) and 627.737(2), Florida Statutes . . . against the uninsured motorist carrier without first satisfying the threshold requirements of section 627.737 . . .

MATTER, v. B. WHITE,, 695 So. 2d 942 (Fla. Dist. Ct. App. 1997)

. . . See § 627.737(2), Fla.Stat. (1995). City of Tampa v. . . .

JONES, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,, 694 So. 2d 165 (Fla. Dist. Ct. App. 1997)

. . . Rather than pay the bill within the thirty-day period provided for in section 627.737, Florida Statutes . . . The complaint sought PIP benefits and alleged that State Farm had violated section 627.737 because of . . .

C. EMANUELE X- a v. PERDUE, 693 So. 2d 1071 (Fla. Dist. Ct. App. 1997)

. . . the jury determined that appellee did not sustain a permanent injury within the meaning of section 627.737 . . .

BLACK, v. CROWDER,, 693 So. 2d 649 (Fla. Dist. Ct. App. 1997)

. . . Judge Owen’s opinion: “Automobile personal injury cases arising prior to the effective date of section 627.737 . . .

H. ENRIQUEZ, v. A. CLARK,, 692 So. 2d 941 (Fla. Dist. Ct. App. 1997)

. . . See § 627.737(1), Fla. Stat. (1995). . . . with but found not to have caused permanent injuries, Enriquez may not avail herself of subsection 627.737 . . . (2). § 627.737(1); see Mansfield v. . . . She is therefore entitled to bring an action for pain and suffering under 627.737(2), and Enriquez is . . . accordingly not exempted from tort liability by subsection 627.737(1), nor is she entitled to set off . . .

RODRIGUEZ v. CIGNA PROPERTY AND CASUALTY COMPANY,, 956 F. Supp. 544 (M.D. Pa. 1996)

. . . loss of bodily function, permanent injury, significant permanent scarring or disfigurement, or death (627.737 . . .

KATZ v. GHODSI, 682 So. 2d 586 (Fla. Dist. Ct. App. 1996)

. . . Rhodes, 614 So.2d at 497 n. 1; § 627.737(2)(b), Fla. Stat. (1991). . . .

W. FIRMANI v. C. GRANT,, 681 So. 2d 869 (Fla. Dist. Ct. App. 1996)

. . . . § 627.737(2), Fla. Stat. (1995). The question of permanency was an issue in the case. . . .

ALLSTATE INSURANCE COMPANY, v. MANASSE,, 681 So. 2d 779 (Fla. Dist. Ct. App. 1996)

. . . See § 627.737(2)(b), Fla. Stat. (1993). Plaintiff was eighteen at the time of this accident. . . . Comment 3 to Florida Standard Jury Instruction (Civil) 6.1 states: “Section 627.737(2), Florida Statutes . . .

KOKOTIS v. J. DeMARCO,, 679 So. 2d 296 (Fla. Dist. Ct. App. 1996)

. . . are two statutes that may apply to this case— section 627.7372, Florida Statutes (1991), and section 627.737 . . . Kokotis, on the other hand, contends that the case is controlled by section 627.737, Florida Statutes . . .

L. HANNAH, v. NEWKIRK,, 675 So. 2d 112 (Fla. 1996)

. . . order to distinguish it from the calculations made in accordance with sections 627.736(1) and section 627.737 . . . Rivero, 620 So.2d. 987 (Fla. 1993), we held that section 627.737 of the Florida Motor Vehicle No-Fault . . . own PIP carrier and the percent that the tortfeasor was obligated to pay, in accordance with sections 627.737 . . .

M. STELLAS, v. ALAMO RENT- A- CAR, INC., 673 So. 2d 940 (Fla. Dist. Ct. App. 1996)

. . . issue of noneconomic damages, for failure of plaintiffs to have established, in accord with section 627.737 . . . We disagree with the lower court’s decision to apply section 627.737 in this case. . . . Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. § 627.737 . . .

KAHLE a v. PREWITT,, 673 So. 2d 121 (Fla. Dist. Ct. App. 1996)

. . . defendants below in this automobile injury case, asserted a no-fault threshold defense pursuant to section 627.737 . . . issue of whether appellants had the required security to qualify for the exemption provided by section 627.737 . . .

M. SIMPSON R. v. STONE,, 662 So. 2d 959 (Fla. Dist. Ct. App. 1995)

. . . non-econom-ie damages for Lois Simpson, we conclude that, while the threshold finding of a section 627.737 . . .

N. PEVSNER, M. D. v. FREDERICK, 656 So. 2d 262 (Fla. Dist. Ct. App. 1995)

. . . I suggest that the venerable "remedy” is much better and more accurate. .See, e.g., §§ 627.737(2) and . . .

NEWKIRK, v. L. HANNAH,, 655 So. 2d 241 (Fla. Dist. Ct. App. 1995)

. . . or her own insurer, where the injury fails to reach the permanent injury threshold found in section 627.737 . . . verdict, principally relying upon the supreme court’s following comment: In accordance with sections 627.737 . . .

DUTCHER, v. ALLSTATE INSURANCE COMPANY, a, 655 So. 2d 1217 (Fla. Dist. Ct. App. 1995)

. . . The court instructed the jury, however, pursuant to section 627.737(2), Florida Statutes (1987), that . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a v. S. HASSEN S., 650 So. 2d 128 (Fla. Dist. Ct. App. 1995)

. . . Section 627.737(2), which describes the “injury” or “disease” requirements that must first be met, provided . . . The court began its analysis by noting that the underlying legislative theory of section 627.737 “is . . . The court also observed that section 627.737 furthers this objective by rewarding individuals who have . . . Hassen of having to satisfy the mandatory threshold requirements of section 627.737(2) before she is . . . This subsection continues to retain this language to the present day. § 627.737(2), Fla.Stat. (1993). . . .

CITY OF TAMPA, v. J. D. LONG,, 638 So. 2d 35 (Fla. 1994)

. . . City defended the lawsuit on the ground that Long had failed to satisfy the requirements of section 627.737 . . . Our decision in this case requires a construction of the no-fault law contained in section 627.737, which . . . The second issue concerns the proper jury instruction, given the provisions of section 627.737. . . . It stated: Section 627.737 permits a plaintiff to recover damages for pain, suffering, mental anguish . . . whole or in part of: ... (2) Permanent injury within a reasonable degree of medical probability.” § 627.737 . . .

LUDWIG, v. L. LADNER, 637 So. 2d 308 (Fla. Dist. Ct. App. 1994)

. . . See § 627.737, Fla. Stat. (1987). Mr. . . .

DAIGNEAULT v. GACHE,, 624 So. 2d 818 (Fla. Dist. Ct. App. 1993)

. . . Automobile personal injury cases arising prior to the effective date of section 627.737, Florida Statutes . . . The effect of the No-Fault Law, section 627.737, Florida Statutes, was to foreclose damages for pain . . .

HOLMES, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,, 624 So. 2d 824 (Fla. Dist. Ct. App. 1993)

. . . challenges the trial court’s final judgment in this personal injury action brought pursuant to section 627.737 . . .

N. POLLARD, Jr. v. WILLIAMS CNA, 623 So. 2d 588 (Fla. Dist. Ct. App. 1993)

. . . motorist may obtain pain and suffering damages without satisfying the threshold requirements of section 627.737 . . .

DAUKSIS, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,, 623 So. 2d 455 (Fla. 1993)

. . . Section 627.737(2) provides: (2) In any action of tort brought against the owner, registrant, operator . . . The security referred to in section 627.737 is an insurance policy or other equivalent security which . . . for pain, suffering, mental anguish, and inconvenience unless the threshold requirements of section 627.737 . . . afforded the exemption from tort liability available under the provisions of sections 627.727(7) and 627.737 . . . Because F.S. 627.737(2) provides that the tort threshold requirements apply only to an owner, registrant . . .

MANSFIELD v. RIVERO, 620 So. 2d 987 (Fla. 1993)

. . . personal injury protection policy, rejecting the contention that the exemption contained in section 627.737 . . . court’s decision, finding that its holding would effectively repeal the exemption contained in section 627.737 . . . The following are the pertinent portions of the No-Fault Law applicable to the issues in this case: 627.737 . . . (d) Death. § 627.737(l)-(2), Fla.Stat. (1983) (emphasis added). In Lasky v. . . . It was not written with any consideration of the mutual exemption provisions of section 627.737. . . .

KETCHEN, v. DUNN, 619 So. 2d 1010 (Fla. Dist. Ct. App. 1993)

. . . See § 627.737(2), Fla.Stat. (1989). . . . The comments by the Standard Jury Instructions Committee state that "[sjection 627.737(2) does not define . . . A "see” cite of section 627.737(2), Florida Statutes (1991), and Smey follows. . . .

EASKOLD, v. RHODES, Jr., 614 So. 2d 495 (Fla. 1993)

. . . The jury found that Morey did not sustain a permanent injury under section 627.737(2), Florida Statutes . . . Under section 627.737(2), Florida Statutes (1985), a plaintiff is precluded from recovering damages in . . . injury within a reasonable degree of medical probability, "other than scarring or disfigurement." § 627.737 . . .

STANDARD JURY INSTRUCTIONS- CIVIL CASES, 613 So. 2d 1316 (Fla. 1993)

. . . there is proof that a claimant will incur future damages that are not excluded from recovery by section 627.737 . . . See section 627.737(2), Florida Statutes (1991). 2. . . . See § 627.737(2), Fla.Stat. (1991); Smey v. . . . support the claim on the issue of permanency, then your verdict should be for the defendant.” 3.Section 627.737 . . .

SANDARAC ASSOCIATION, INC. a v. W. R. FRIZZELL ARCHITECTS, INC. a H. D. a, 609 So. 2d 1349 (Fla. Dist. Ct. App. 1992)

. . . . § 627.737, Fla.Stat. (1991) (in which the no-fault threshold is a true bar to an existing cause of . . .

SMEY, v. WILLIAMS, 608 So. 2d 886 (Fla. Dist. Ct. App. 1992)

. . . Section 627.737(1), Florida Statutes, provides that no action may be brought to recover damages for bodily . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. GOMEZ,, 605 So. 2d 968 (Fla. Dist. Ct. App. 1992)

. . . successfully argued that under the State Farm policy he need not satisfy the verbal threshold of section 627.737 . . . injured plaintiff may obtain pain and suffering damages without satisfying the verbal threshold. § 627.737 . . . injured plaintiff must satisfy the verbal threshold in order to obtain pain and suffering damages. § 627.737 . . . personal injury protection (PIP) coverage constitutes the providing of security for purposes of section 627.737 . . . The so-called verbal threshold is set forth in section 627.737(2), which states: In any action of tort . . .

COMMERCIAL CLEAN- UP ENTERPRISES, INC. T. v. HOLMQUIST J., 597 So. 2d 343 (Fla. Dist. Ct. App. 1992)

. . . Section 627.737(2), Florida Statutes (1987) provides: In any action of tort brought against the owner . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. DAUKSIS, 596 So. 2d 1169 (Fla. Dist. Ct. App. 1992)

. . . against his or her uninsured motorist carrier must meet and prove the permanency requirements of section 627.737 . . . and force Dauk-sis to prove that his injuries were permanent, beyond the threshold stated in section 627.737 . . . Dauksis argued that the tortfeasor could not have availed himself of the threshold defense from section 627.737 . . .

WILLIAMS, v. O. BROCHU,, 578 So. 2d 491 (Fla. Dist. Ct. App. 1991)

. . . The jury’s finding of “no permanent injury”, a threshold finding necessary for recovery under section 627.737 . . .

RIVERO v. MANSFIELD, 584 So. 2d 1012 (Fla. Dist. Ct. App. 1991)

. . . issues of damages and whether the Riveros crossed the permanent injury threshold requirement of section 627.737 . . . The Mansfields then requested the court to reduce the judgment by 80% pursuant to section 627.737, Florida . . . Section 627.737 permits a plaintiff to recover damages for pain, suffering, mental anguish, and inconvenience . . . whole or in part of: ... (2) Permanent injury within a reasonable degree of medical probability.” § 627.737 . . .

POWELL, v. NAPOLITANO,, 578 So. 2d 747 (Fla. Dist. Ct. App. 1991)

. . . . § 627.737(2), Fla.Stat. (1985). . . .

M. PEARSON, v. GREGG,, 575 So. 2d 333 (Fla. Dist. Ct. App. 1991)

. . . As a threshold matter the appellee was required to prove under § 627.737(2)(b), Fla.Stat. that she had . . .

SCHULZ, v. REMY, 573 So. 2d 1076 (Fla. Dist. Ct. App. 1991)

. . . This was error due to the application of section 627.737, Florida Statutes (1989). . . .

ESTATE OF WALLACE, v. FISHER,, 567 So. 2d 505 (Fla. Dist. Ct. App. 1990)

. . . motor vehicle by the defendant Lisa unless the plaintiff first establishes, as required by section 627.737 . . .

POWERS, v. JOHNSON,, 562 So. 2d 367 (Fla. Dist. Ct. App. 1990)

. . . comparative negligence on the part of Powers, denied that the injuries met the threshold set forth in section 627.737 . . . Section 627.737, Florida Statutes (1985) requires that in order to recover damages for pain, suffering . . . That subsection provides: 627.737 Tort exemption; limitation on right to damages; punitive damages.— . . . (d) Death. § 627.737, Fla.Stat. (1985). . . . .

B. NEWTON M. v. AUTO- OWNERS INSURANCE COMPANY, 560 So. 2d 1310 (Fla. Dist. Ct. App. 1990)

. . . The issue presented is whether a Florida insured must meet the threshold requirements of section 627.737 . . . arising out of the accident without the necessity of meeting the threshold requirements of section 627.737 . . . of action in that appellants admitted they had not sustained a permanent injury pursuant to section 627.737 . . . court entered an order, determining that appellants must meet the threshold requirements of section 627.737 . . . The section 627.737(2) limitation on tort damages specifies that— a plaintiff may recover damages in . . .