CopyCited 24 times | Published | Court of Appeals for the Eleventh Circuit | 2004 U.S. App. LEXIS 5504, 2004 WL 575102
...Stat. §§
627.428,
627.4135 abrogate the
common-law lex loci contractus rule in this case. First, the appellants argue that
Fla. Stat. §
627.428 specifically provides for attorneys’ fees when an insured
successfully sues its insurer.2 Fla. Stat. §
627.401(2), however, provides a safe
harbor for insurance contracts not delivered in Florida nor issued for delivery in
Florida.3 Because the insurance policy between Prime and Handley Trucking was
1
Lex loci contractus “pro...
...a. Stat. §
627.428.
3
“No provision of this part of this chapter applies to. . . (2) Policies or contracts not issued
for delivery in this state nor delivered in this state, except as otherwise provided in this code.” Fla.
Stat. §
627.401(2).
4
not delivered in Florida nor issued for delivery in Florida, we hold that the safe
harbor applies to the insurance policy.4 Thus, the appellants cannot recover
attorneys’ fees under Fla....
...§
624.605(1) (including vehicle insurance and liability insurance as types of
casualty insurance).
5
provisions of this part and to the other applicable provisions of this code.”).
Again, the safe harbor provision of Fla. Stat. §
627.401(2) removes this insurance
policy from the coverage of the casualty insurance provision....
...2d 776, 778 (Fla. Dist. Ct. App. 1987)
(holding that “[t]he trial court found that since Ms. Feldman was located in Florida
at the time of the accident, section 627.726 [currently section
627.4135] was
controlling. . . . We disagree. . . . [S]ection
627.401(2) . . . limits the applicability
of that section to policies issued for delivery or delivered in the state.”).
Because this insurance policy falls within the coverage of the safe harbor
provision of Fla. Stat. §
627.401(2) and is outside the coverage of Fla....
CopyCited 15 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 425, 2008 Fla. LEXIS 1112, 2008 WL 2520879
...Chapter 627 is divided into twenty-one parts and contains nine separate "scope of this part," "application of this part," or "scope" provisions, in addition to section
627.021, which is also entitled "Scope of this part. " §§
627.021 (emphasis supplied),
627.401,
627.451,
627.501,
627.601,
627.676,
627.801,
627.911,
627.9403,
627.981, Fla....
...[6] The Legislature subsequently renumbered section 627.7262 as section
627.4136, Florida Statutes (Supp.1992). See ch. 92-318, § 37, Laws of Fla. [7] This surplus-lines exclusion is now found in section
627.021(2)(e), Florida Statutes (2007) (the 2003 version is identical in relevant part). [8] Section
627.401, Florida Statutes, the "scope of this part" provision for part II of chapter 627, does not exclude surplus-lines insurance from coverage under that portion of chapter 627. See §§
627.401-627.4302, Fla....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 10733, 2009 WL 2382408
...RESCISSION OF INSURANCE CONTRACTS UNDER CHAPTER 627 We begin our analysis by discussing the general rule of rescission and its application to insurance contracts under Florida law. Chapter 627, Florida Statutes, governs insurance rates and contracts in the State of Florida. Part II of Chapter 627, sections 627.401-627.442, is entitled "The Insurance Contract" and lays out the rules governing insurance contracts except those expressly excluded from its scope....
...(3) Wet marine and transportation insurance, except ss.
627.409,
627.420, and
627.428. (4) Title insurance, except ss.
627.406,
627.415,
627.416,
627.419,
627.427, and
627.428. (5) Credit life or credit disability insurance, except ss.
627.419(5) and
627.428. §
627.401, Fla....
...ing implies the exclusion of another."). Following that principle, we must conclude that if the Legislature had intended to exclude no-fault insurance from Part II, Chapter 627, it would have included that type of insurance in the list enumerated in section 627.401....
...As such, "[w]here, as here, the language of the statute is clear and unambiguous and conveys a clear and definite meaning, the statute should be given its plain and obvious meaning." City of Miami v. Valdez,
847 So.2d 1005, 1008 (Fla. 3d DCA 2003). In this case, the express language *601 of section
627.401 directly refutes Salgado's position that United's right of rescission under
627.409 is abrogated by the Florida Motor Vehicle No-Fault Law....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...Florida also recognizes both oral contracts to procure insurance and oral contracts of insurance. Hanover Fire Insurance Co. v. Hiers,
79 Fla. 408,
84 So. 605 (1920); State Farm Fire & Casualty Co. v. Hicks,
184 So.2d 685 (Fla.2d DCA 1966); 18 Fla.Jur. Insurance §§ 337-38 (1971); see §
627.401, Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1975 Fla. App. LEXIS 13877
...inally, appellant contends that the trial court erred in awarding an attorney's fee to appellee's attorney. We agree. The attorney's fee was awarded under the authority of §
627.428, Florida Statutes, which appears in Part II of the Insurance Code. §
627.401, Florida Statutes, provides in part as follows: "
627.401 Scope of Part II....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1977 Fla. App. LEXIS 15468
...The trial court erred in denying Aetna's motion for directed verdict in regard to punitive damages. Additionally, in reference to the award of attorney's fee, the law is clear. Section
627.428(1), Florida Statutes (1975), provides for an attorney's fee in certain insurance cases, but Section
627.401(2) says that the above provision shall not apply as to: Policies or contracts not issued for delivery in this state nor delivered in this state, except as provided in §
627.410(6) (approval of forms for delivery in jurisdictions where local approval not provided for)....
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...rosecuting the suit in which the recovery is had. This provision has not changed appreciably in meaning though the exact verbiage has changed in many years. Cf. § 625.08, Fla. Stat. (1957). Appellants point out that the following provision of section
627.401 governs part II of chapter 627, in which part section
627.428 appears: "No provision of this part of this chapter applies to ......
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1978 Fla. App. LEXIS 16753
...of the master contract entered into in Washington, D.C., had been provided to the Blue Cross office in Jacksonville for the purpose of administering the federal plan in this state. Blue Cross claims that an award of attorney's fees was precluded by §
627.401(2) because that subsection limits the applicability of Part II of the Insurance Code, which includes §
627.428, to insurance contracts "issued for delivery or delivered in this state." The county court found that the policy of insurance was issued for delivery and delivered in Florida so that §
627.401(2) did not preclude an attorney's fees award....
...Thus, Blue Cross urges, the circuit court's conclusion that delivery in Florida of the certificate or brochure was equivalent to delivery of the policy was erroneous, and consequently §
627.428, allowing attorney's fees did not apply to this case under §
627.401(2) Turner makes two responses to Blue Cross' argument....
...He contends that the contract in question here was in fact "delivered or issued for delivery in the state" since the master contract was delivered from Washington, D.C., to Jacksonville for the purpose of administering the plan locally. He notes that § 627.401(2) does not require that the policy or contract be delivered to the insured in this state, but merely that it be delivered in this state. Therefore he contends that § 627.401(2) does not restrict the applicability of the attorney's fee statute in this case. The Florida Supreme Court construed § 627.401(2) in Pan-American Life Insurance Company v....
...*135 After a thorough review of the statutes involved here and the cases cited by the parties, we agree with the circuit court that attorney's fees were appropriate here. We find that the delivery of the master policy to the Jacksonville Blue Cross office was sufficient to satisfy the requirement in § 627.401(2) that the policy be "issued for delivery or delivered in this state." That conclusion is buttressed by the fact that Turner, unlike the insured in Diaz, was a Florida resident who received his insurance through a Florida employer, paid h...
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1978 Fla. App. LEXIS 16479
...Neither may she prevail on her theory of third party beneficiary. Phoenix Insurance Co. v. Helton,
298 So.2d 177 (Fla. 1st DCA 1974), cert. dis.,
330 So.2d 724 (Fla. 1976). Furthermore, it does not appear that the policy was delivered in this state. (See F.S.
627.401) The provision for $9,000.00 fees is therefore deleted from the Final Judgment....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...Keller Industries,
347 So.2d 767 (Fla. 3d DCA 1977), cert. denied,
360 So.2d 1249 (Fla. 1978), cert. dismissed,
367 So.2d 1124 (Fla. 1979). In order to qualify for attorney's fees, however, the Coopers were required not only to have obtained a judgment in their favor but also, under section
627.401(2), Florida Statutes (1977) to hold a policy or contract issued for delivery or delivered in Florida....
...NOTES [1] Affirmed, East Coast Insurance Co. v. Cooper,
405 So.2d 1010 (Fla. 3d DCA 1981). [2] The orders appealed are: Order on Attorney's Fees, Order on Motion to Correct and Clarify Judgment, and Final Judgment of Reasonable Attorneys' Fees. [3] Section
627.401 states in pertinent part: No provision of part II of this chapter shall apply as to: .......
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1974 Fla. App. LEXIS 8124
...to Florida Statute, §
627.428(1), F.S.A. By response, appellee contends that appellant is not entitled to an award of attorneys' fees because the insurance policy in question was neither issued for delivery in Florida nor delivered in Florida, F.S. §
627.401(2), F.S.A....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1996 WL 123164
...shall adjudge or decree against the insurer and in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured's or beneficiary's attorney prosecuting the suit in which the recovery is had. U.S.F. & G. counters that section
627.401(2), Florida Statutes [1] (1993) precludes any application of section
627.428....
...THE COURT: Do I understand you to say, Mr. Dawson, you agree to the other matters he's raised, the other two issues he's raised, but this third one [2] you're going to have to call? MR. DAWSON: Right. That's correct. As to U.S.F. & G.'s reliance on section 627.401(2) precluding attorney's fees, that position might have merit had not U.S.F....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...Feldman was represented by counsel and not prejudiced in any reasonable manner." The first issue is whether the trial court erred in applying section
627.426(2) in that the insurance contract in question was neither issued for delivery nor delivered in Florida. We conclude it did. Section
627.401, Florida Statutes (1983), provides, in part:
627.401 Scope of this part No provision of this part of this chapter applies to: ......
...(2) Policies or contracts not issued for delivery in this state nor delivered in this state, except as otherwise provided in this code. Appellants do not contend that the contract was either issued for delivery or delivered in Florida, but argue that section 627.726 fits within the "except as otherwise provided" language of Section 627.401(2)....
...present case. We disagree. Section 627.726 says that all contracts of casualty insurance covering subjects residing, located or to be performed in Florida shall be subject to the applicable provisions of Part II. One of the provisions of Part II is section 627.401(2), which limits the applicability of that section to policies issued for delivery or delivered in the state....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
...First, Ve-rex notes that mortgage guaranty insurance is defined as a form of casualty and surety insurance in section
635.011, Fla.Stat. (1991), and avers that the scope of protection provided by §
627.409 covers many types of insurance, including casualty and surety insurance. Specifically, section
627.401 5 defines the scope of Chapter 627, Part II, which contains §
627.409, by excluding from its regulations certain types of insurance contracts. Noting the absence of mortgage guaranty insurance from this list of exclusions, Verex argues that finding that §
627.409 did not apply to mortgage guaranty insurance prior to the enactment of §
635.091 would effectively rewrite §
627.401 to create a new exclusion for this type of insurance from the requirements imposed by Chapter 627, Part II....
...and enforcement of the provisions of this act, and to make rules and regulations for the effectuation of any provisions of this act, as it has with respect to casualty or surety insurers in general under the insurance laws of this state. . Fla.Stat. § 627.401 (1983), titled "Scope of this part,” provides: No provision of this part of this Chapter applies to: (1) Reinsurance....
CopyCited 2 times | Published | District Court, M.D. Florida | 2013 WL 68580, 2013 U.S. Dist. LEXIS 1363
...While Len-Verandahs appears correct that National Trust did not provide notice *1260 of this coverage defense within 30 days of learning of the defense, the Court finds that National Trust was not required to comply with this statutory provision. Indeed, Section 627.401(2), Florida Statutes, specifically provides that “No provision of this part of this chapter applies to: (2) Policies or contracts not issued for delivery in this state nor delivered in this state, except as otherwise provided in thi...
...However, the evidence shows that the Policy was not issued for delivery in Florida, nor was it actually delivered in Florida, but rather was issued for delivery and personally delivered to Graham Brothers at its office in Georgia. (Leachman Aff. Doc. # 99-43 at ¶¶ 11, 13). Accordingly, Section
627.401(2) removes the Policy from the requirements of the Claims Administration Statute, Section
627.426(2), and thus, National Trust is not estopped from asserting its late notice defense. See Sheehan v. Lumbermens Mut. Cas. Co.,
504 So.2d 776, 778 (Fla. 4th DCA 1987) (“[Section
627.401(2) ......
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 25255, 2006 WL 2847811
...face.
The defendants respond with a number of arguments. First, they contend
that the title of §
627.021 indicates that the legislature intended that only Part I of
Chapter 627 not apply to surplus lines insurers. They cite Florida Statute §
627.401 in support of their position. That section is found in Part II of Chapter 627
and entitled “Scope of this part.” It provides:
No provision of this part of this chapter applies to:
(1) Reinsurance. . . .
Fla. Stat. §
627.401. The defendants argue that if §
627.021 did apply to the whole
chapter there would be no need for the legislature to include reinsurance in §
627.401 because it would already be excluded from all of chapter 627.
Second, the defendants point to two Florida decisions that hold §
627.428
applies to surplus lines insurers....
...exclusions only apply to each part, and not the entire chapter.
Furthermore, had the legislature intended for §
627.021 to apply to the
entire chapter, it would not have included “Reinsurance” under both
sections §§ 627.[021] and
627.401. In other words, if the legislature
had intended for § 627.[021] to apply to the entire chapter, the
18
legislature would only have excluded joint reinsurance under §
627.401, rather than all reinsurance, since that was the only form of
reinsurance permitted under § 627.[021]....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 WL 2116366, 2014 Fla. App. LEXIS 7709
...“subject to the terms, conditions and limitations of that policy as circumscribed by the laws of the State of Texas.” State Farm also moved to strike Lopez’s claim for attorney’s fees, contending that because the policy was issued in Texas, section
627.401, Florida Statutes negated any claim for fees under section
627.428....
...for the insured’s or beneficiary’s attorney prosecuting the suit in which the recovery is had... [[Image here]] (3) When so awarded, compensation or fees of the attorney shall be included in the judgment or decree rendered in the case. However, section 627.401(2) provides: No provision of this part of this chapter applies to: [[Image here]] (2) Policies or contracts not issued for delivery in this state nor delivered in this state, except as otherwise provided in this code....
...3d DCA 1982) (establishing that in order to qualify for fees under section
627.428, the insured must obtain a judgment in his favor and hold a policy of insurance issued for delivery or delivered in Florida). Notwithstanding the unambiguous language of section
627.401(2), Lopez nonetheless seeks to *405 avail himself of section
627.428 under a policy of insurance that was issued for delivery and delivered in Texas....
...4th DCA 1996) in support of his argument, but Murray is inapplicable to the present situation. 1 We therefore disagree with Lopez’s initial argument and hold that application of Florida law is not warranted under the instant facts and based on the plain language of section
627.401. Lopez alternatively maintains that if section
627.401 prevents recovery of attorney’s fees under section
627.428, then the court erred in declining to consider the application of Texas law to the issue of entitlement to attorney’s fees....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1993 WL 53126
...mant's benefits. The Carrier maintains that applying section
627.409(1), Florida Statutes (1989), a part of the Florida Insurance Code, to Employer's policy for W/C insurance is sustainable under the law, even though no Florida decision has done so. Section
627.401, Florida Statutes (1989), provides: Scope of this part....
CopyCited 1 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 7133, 2005 WL 627641
...under a policy or contract executed by the insurer, the trial court ... shall adjudge or decree against the insurer and in favor of the insured ... a reasonable sum as fees or compensation for the insured's ... attorney prosecuting the suit in which the recovery is had. Section
627.401(2) states that the provisions of Part II of chapter 627, which includes §
627.428(1), do not apply to "[p]olicies or contracts not issued for delivery in this state nor delivered in this state...." Royal Oak does not dispute that the...
CopyPublished | Court of Appeals for the Eleventh Circuit | 1988 WL 91334
...lely because Windward failed to notify them of the vessel’s location. American Centennial urges that §
627.409(2) does not apply because the insurance policy was not delivered or issued for delivery in Florida. American Centennial points out that §
627.401(2) of the Florida Insurance Code states that the provisions of the Insurance Code (including §
627.409(2)) do not apply to “policies or contracts not issued for delivery in this state nor delivered in this state.......
...ered in New York does not override the undisputed actual evidence in this case that the cover letter (the only policy in the case) was in fact issued for delivery and delivered to Windward in Florida. Consequently, with respect to the application of § 627.401(2), which limits the application of the Florida Insurance Code to policies issued for delivery in or actually delivered in Florida, we hold that the parties cannot contractually stipulate against the actual facts that occur in the case....
...8 Section
627.428 of the Florida Insurance Code allows an insured to recover attorney’s fees *820 from its insurer if it successfully litigates a claim against the insurer. However, the attorney fee statute applies only to policies issued for delivery or delivered in Florida, pursuant to §
627.401(2), the statute addressed above....
CopyPublished | Florida 4th District Court of Appeal | 1978 Fla. App. LEXIS 16505
PER CURIAM. This is an appeal from a judgment for attorney's fees. The appellant claims that under Section 627.401(2), Florida Statutes (1975), attorney’s fees are not recoverable on insurance contracts not issued for delivery in Florida....
...of Columbia, South Carolina. Mr. Rucks was a Florida resident, the policies were purchased in Florida, and certificates of insurance were issued in Florida. The certificates referred to a master policy on file with the Federal Land Bank in Columbia. Section
627.401(2) provides that the statute authorizing the recovery of attorney’s fees, Section
627.428(1), is not applicable to contracts of insurance not issued for delivery in Florida. However, Section
627.401(5) states that the only provision of Part II of Chapter 627 [which includes Sections 627.-401(2) and
627.428(1)] applicable to credit life insurance policies is Section
627.428(1), attorney’s fees....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 14811, 2003 WL 22240354
...(1), Florida Statutes (1999), which provides for payment of attorney’s fees to the insured when the insured obtains a favorable judgment against its insurer. ANTEX objected, claiming that it was not obligated to pay attorney’s fees. It relied on section 627.401(2), Florida Statutes (1999), which provides that no provision of this part of this chapter applies to “[p]olicies or contracts not issued for delivery in this state nor delivered in this state, except as otherwise provided in this c...
CopyPublished | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 593, 1994 Fla. LEXIS 1813
...Casualty and surety insurance are two of the many types of insurance covered by Chapter 627, Part II, which contains section
627.409. Thus, because neither casualty, surety, nor mortgage guaranty insurance is among the types of insurance that are excluded from the scope of chapter 627, Part II by section
627.401, we can assume that at least until October 1, 1983 the legislature intended section
627.409 to apply to mortgage guaranty insurance....
...First, Verex notes that mortgage guaranty insurance is defined as a form of casualty and surety insurance in section
635.011, Fla.Stat. (1991), and. avers that the scope of protection provided by §
627.409 covers many types of insurance, including casualty and surety insurance. Specifically, section
627.401 [ FN5 ] defines the scope of Chapter 627, Part II, which contains §
627.409, by excluding from its regulations certain types of insurance contracts. Noting the absence of mortgage guaranty insurance from this list of exclusions, Verex argues that finding that §
627.409 did not apply to mortgage guaranty insurance prior to the enactment of §
635.091 would effectively rewrite §
627.401 to create a new exclusion for this type of insurance from the requirements imposed by Chapter 627, Part II. . Fla.Stat. §
627.401 (1983), titled "Scope of this part,” provides: No provision of this part of this Chapter applies to: (1) Reinsurance....
CopyPublished | District Court, S.D. Florida | 1992 U.S. Dist. LEXIS 11207
...The language of the various provisions of the Florida Insurance Code does not offer much guidance in resolving this matter. Indeed, the complexity of this case is exacerbated by the seemingly convoluted scheme embodied in the Code. The Code is replete with apparent conflicts and inconsistencies. For example, section 627.401, titled “Scope of this part,” lists the types of insurance which are not covered by Chapter 627....
...Nonetheless, we agree with the decisions of our sister courts in Empire Home Loans and United Guarantee and hold that section
627.409 applied to mortgage guaranty insurance prior to the enactment of section
635.091. This holding is supported by several factors: First, section
627.401 did not expressly include mortgage guaranty insurance among those types of insurance not covered by section
627.409 prior to the enactment of section
635.091....
CopyPublished | District Court, M.D. Florida
...vides for attorneys' fees when an insured obtains a judgment against an insurance company. ACE contends that the statute does not apply to insurance policies that were issued outside of Florida, and the ACE policy was issued in California. Fla. Stat § 627.401(2)....
CopyPublished | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 17720, 2005 WL 1668530
...Blue Dolphin Communications of N.C.,
226 F.Supp.2d 785, 795 (W.D.N.C.2002). B. Fees Based on Florida Statute §
627.428(1) Defendants claim section
627.428(1), Florida Statutes, applies to this case and entitles them to an award of attorneys’ fees. Motion at 6-7. Nevertheless, section
627.401(2) plainly limits the subject provision’s scope to cases where the insurance policy was delivered in Florida or issued for delivery in Florida....
CopyPublished | Court of Appeals for the Eleventh Circuit | 17 Fed. R. Serv. 358
...We affirm the verdicts. THE CROSS-APPEAL Florida Statutes §
627.428, providing for an award of attorneys’ fees to successful beneficiaries in a suit on an insurance policy, applies only to policies delivered, or issued for delivery, in the State of Florida. Fla.Stat. §
627.401....
CopyPublished | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 69529, 2007 WL 2719095
...ment. Even assuming Defendants' facts to be true, I conclude, as a matter of law, that Section
627.426 does not apply here because Frankel's policy was not issued for delivery or delivered in Florida but rather in New York. [4] DE 1, DE 10, ¶¶ 16. Section
627.401(2) excepts policies not issued or delivered in Florida....
...Co.,
504 So.2d 776, 778 (Fla. 4th DCA 1987) ("Section 627.726 [5] says that all contracts of casualty insurance covering subjects residing, located or to be performed in Florida shall be subject to the applicable provisions of Part II. One of the provisions of Part II is section
627.401(2), which limits the applicability of that section to policies issued for delivery or delivered in the state....
