CopyCited 49 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 882, 2006 Fla. LEXIS 2953, 2006 WL 3741019
...State,
875 So.2d 572, 575 (Fla. 2004)). *1226 Insurance has been legislatively defined as "a contract whereby one [the insurer] undertakes to indemnify another [the insured] or pay or allow a specified amount or a determinable benefit upon determinable contingencies." §
624.02, Fla....
...fair dealing to which all forms of insurance must conform. [3] The term "insurance" is defined as a "contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit upon determinable contingencies." § 624.02, Fla....
CopyCited 19 times | Published | Florida 1st District Court of Appeal | 1996 WL 720607
...NOTES [1] §
501.201 et seq., Fla.Stat. (1995). [2] 15 U.S.C. § 1601 et seq. [3] The record suggests that the policy adjustments were made in response to Badcock concerns about the validity of the policy furnished by American Bankers. [4] "Insurance" is defined in section
624.02, Florida Statutes, as "a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit upon determinable contingencies."
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 24136
...tes took effect. It is undisputed that the insurance company made no inquiry about additional insurance, and that Ceballos had no collateral coverage. Ceballos was injured after the effective date of the amendment. An insurance policy is a contract. § 624.02, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...He found similarities between the plan and contact lens insurance programs presently offered in the state, except, however, the insurance plans do not provide for replacement of lenses for any reason desired by the patient, but provide only for indemnity against loss or damage beyond repair. Florida Statutes, Section 624.02 (1979), defines "insurance" as follows: "Insurance" is a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit upon determinable contingencies....
...ract of insurance. The contractual arrangement is lacking in the other elements, viz, assumption of risk by the insurer, distribution of a loss, and payment of a premium for assumption of a risk-the "contract ... to indemnify" aspect of the statute (Section 624.02)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2012 WL 1883116, 2012 Fla. App. LEXIS 8278
...9 Florida’s insurance laws embody the fortuity and known loss principles, precluding coverage for losses that have already taken place. “Insurance” is defined as “a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit upon determinable contingencies.” § 624.02, Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 14 Fla. L. Weekly 364, 1989 Fla. LEXIS 717, 1989 WL 83144
...Florida law shows no disagreement over what constitutes "insurance." The state's insurance code defines the term to mean "a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit upon determinable contingencies." § 624.02, Fla....
CopyCited 3 times | Published | Supreme Court of Florida
...d is prohibited. Additional parts of the statute place various affirmative duties on a company. Insurance is a contract whereby one undertakes to indemnify or pay or allow a specified amount of a determinable benefit upon determinable contingencies. § 624.02, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 7700, 2010 WL 2219727
...acts of insurance or of annuity." §
624.03, Fla. Stat. (2004) (emphasis added). "Insurance" is "a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit upon determinable contingencies." §
624.02, Fla....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1988 Bankr. LEXIS 1240, 18 Bankr. Ct. Dec. (CRR) 137
...1813(h))." [3] In In re Prudence Co., Inc.,
79 F.2d 77, 80 (2nd Cir.1935), the court considered that a mortgage guarantor was not "in common parlance" an insurance company and held the debtor not excluded from bankruptcy under the former Act. [4] Insurance is defined in Fla.Stat. §
624.02: "`Insurance' is a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit upon determinable contingencies." [5] The Florida statute explicitly recognizes that at least some continui...
CopyPublished | Florida 1st District Court of Appeal
...“An agreement to assume a known
loss is not insurance.” Id. at 359. Indeed the very definition of
“insurance” in Florida law is “a contract whereby one undertakes
to indemnify another or pay or allow a specified amount or a
determinable benefit upon determinable contingencies.” § 624.02,
Fla....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 4849, 1998 WL 216047
...Appellant challenges a declaratory statement of the Department of Insurance (DOI), pursuant to section
120.565, Florida Statutes (1995), which determined that the sale of its home health care plan (the Plan) would be the sale of “insurance” as defined in section
624.02 and “health insurance” as defined in section
627.603....
...e that there was no formal hearing and that the record consists of appellant’s handwritten request for a declaratory statement, a copy of the Plan, the declaratory statement, and the notice of appeal. 1 In its declaratory statement, DOI found that section
624.02, Florida Statutes (1995), defines “insurance” as “a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit upon determinable contingencies” and that section
624.603, Fl...
...of insurance. The contractual arrangement is lacking in the other elements, viz, assumption of risk by the insurer, distribution of a loss, and payment of a premium for assumption of a risk-the “contract ... to indemnify” aspect of the statute (Section 624.02)....
...expensive and continuous”) are not based on any substantive evidence and “lead to its misguided interpretation of the facts.” ANALYSIS We find that the Plan meets the general definition of “insurance” set out in the Florida Insurance Code, section 624.02, Florida Statutes (1995): “a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit upon determinable contingencies.” The Plan is a contract whereby appellant undertakes to...
...urance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general.” We find that the general definition of “insurance” set out in section 624.02 is limited by certain provisions of Part V of the Florida Insurance Code....
...vant. Whether the sale of the Plan and similar contracts should be regulated by DOI is a policy question which must be directed to the Florida Legislature. Such regulation would appear to be authorized by the general definition of “insurance” in section 624.02 of the Florida Insurance Code, if the legislature were to amend the above-cited provisions in Part V of the Code to expand the application of that general definition of “insurance” beyond the traditional concept of indemnity against risk of loss....
CopyPublished | District Court, M.D. Florida | 2012 WL 2339702, 2012 U.S. Dist. LEXIS 84507
...The policy remains “regulated” by Section
624.155 and the rest of the insurance code. Lemy and Hill contend that each policy nevertheless counts as not regulated for the purpose of Section
627.8405 because the rental car and legal cost coverage in each policy is not insurance. Section
624.02 defines “insurance” in part as “a contract whereby one undertakes to ......
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
...attribute or accompaniment,' or `to support or sustain the responsibility of.' `Insurance' is defined in that same dictionary as, inter alia , `a contract binding a company to indemnify an insured party against specified loss in return for premiums paid' and as `the periodical premium paid for this indemnification.' Accord : Section 624.02 , F....
