Florida/Georgia Personal Injury & Workers Compensation

...The holding appears to say, if it is found that the policy was written to cover risks that would occur in Florida, then it will be assumed the policy was issued for delivery in Florida. The Cooper court reasoned further that the policy had in fact been delivered in Florida because the legislature, in section 627.402, Florida Statutes, defines policy as either the actual contract or a certificate of that contract, excluding certificates, issued to individuals, of group life or disability insurance or group annuities....

...orida and "premiums were received and benefits paid with that in mind." Blue Cross contends in its petition here that Turner is entitled to an attorney's fee award only if the certificate delivered to him constitutes a "policy" within the meaning of § 627.402. That section provides: "627.402 Policy defined....

...(2) The word `certificate' as used in this section does not include certificates as to group life or disability insurance or as to group annuities issued to individual insureds." Blue Cross argues that since the insurance contract Turner sued upon was a group disability insurance policy within the meaning of § 627.402(2), no policy or contract, or certificate which constitutes a policy, was delivered or issued for delivery to respondent in this state....

...uivalent 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. Citing the definition of "policy" contained in § 627.402(1), he first contends that the brochure delivered by Blue Cross here was a policy or at the very least one of the "papers which are a part thereof" included in the definition in § 627.402(1)....

...28, Florida Statutes, is available only to "the contracting insured, the insured's estate, specifically named policy beneficiaries and third parties who claim policy coverage by assignment from the insured." Appellee also contends that we overlooked Section 627.402 Florida Statutes (1977) in finding that the subject policy was not delivered in this state. Although subsection (1) of that section does indicate that delivery of a certificate is equivalent to delivery of the policy, Section 627.402 (2) indicates just as clearly that delivery of a certificate is not delivery of the policy for group insurance contracts such as the one here involved....

designate beneficiaries; and that according to § 627.0402(4), Fla. Stat., F.S.A., the proceeds of group

...r of law, the Coopers established that they were entitled to attorney's fees. In addition to our finding that the policy was "issued for delivery" in Florida, we hold that delivery occurred in Florida. Our decision is supported by a plain reading of section 627.402, Florida Statutes (1977) which defines "policy": (1) `Policy' means written contract of or written agreement for or effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements and papers which are a part thereof....

...But on August 24, 2010, the trial court granted summary judgment in favor of Ms. Abernathy, ruling the Interstate policy covered the Club, on grounds that *357 Wardlow, as an insurance broker, had authority to issue the COI, that the COI was part of the policy, based on the definition of “policy” in section 627.402, Florida Statutes (2006), and that there was no reason why an injured party could not acquire insurance coverage after the fact of the injury: 4. § 627.402, Fla....

...1st DCA 1978), this court specifically rejected an insured's contention that delivery of a brochure or booklet constituted delivery of a policy in Florida so as to entitle him to attorney's fees under Section 627.428(1). Further, it is evident under Section 627.402(2) that delivery of a certificate is also insufficient where a group policy is involved....

...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 code.” Section 627.402 provides the following definitions: (1) “Policy” means a written contract of insurance or written agreement for or effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements, and papers which are a part thereof. (2) The word “certificate” as used in this section does not include certificates as to group life or health insurance or as to group annuities issued to individual insureds. § 627.402(1) & (2), Fla....

...Likewise, a trial court’s interpretation of the language of a contract or statute is reviewed de novo. Valencia Reserve Homeowners Ass’n v. Boynton Beach Assocs., XIX, LLLP, 278 So. 3d 714, 716 (Fla. 4th DCA 2019). Did the Endorsement Become Part of the Policy? Section 627.402(1), Florida Statutes (2012), defines a “policy” as “a written contract of insurance or written agreement for or effecting 4 insurance, or the certificate thereof, by whatever name called, a...

...case.” However, nothing in Chapter 627 required State Farm to issue a new Declarations Page when it issued the Endorsement. To the contrary, the definition of “policy” includes “all . . . endorsements . . . which are a part thereof.” § 627.402(1), Fla....

...e Department. Section 626.-748, Florida Statutes (1977) required the appellant (as the holder of an insurance agent’s license) to do the following: “Agent’s records. — Every agent issuing or countersigning any insurance policy, as defined in s. 627.402, must maintain in his office such records of policies written or countersigned by him to enable the insuring public to obtain all necessary information, including daily reports, concerning such policies at least until the expiration date thereof.” Section 627.402, Florida Statutes (1977), referred to, reads in part as follows: “ ‘Policy’ defined.— (1) ‘Policy’ means written contract of or written agreement for or effecting insurance, or the certificate thereof, by whatever name cal...

...t affirm the amount. Marrero v. Goldsmith, 448. So.2d 543 (Fla. 3d DCA 1984); Mikes v. Mikes, 440 So.2d 616 (Fla. 4th DCA 1983); Kauffmann v. Baker, 392 So.2d 13 (Fla. 4th DCA 1980). LETTS, J., concurs. ANSTEAD, J., concurs specially with opinion. . Section 627.402(1) and (2), Florida Statutes (1979), which was the applicable statute at the time this cause of action accrued....