Florida Statute 627.408 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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627.408 Application as evidence.—

(1) An application for the issuance of any life or health insurance policy or annuity contract is not admissible in evidence in an action relative to the policy or contract unless a true copy of the application was attached to or otherwise made a part of the policy or contract when issued.

(2) After reinstatement or renewal of a policy of insurance delivered or issued for delivery in this state, the insured may, in writing, request from the insurer a copy of the original application, or the application for renewal or reinstatement, if any. The insured or the beneficiary or assignee of a life or health insurance policy may request the application. Within 30 days after receiving the request, the insurer must deliver or mail a legible copy of the application to the person requesting it. If the request is made by a beneficiary, the 30-day period does not begin to run until after receipt of evidence satisfactory to the insurer of the beneficiary’s vested interest in the policy or contract.

History.—s. 457, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 362, 377, 809(2nd), ch. 82-243; s. 79, ch. 82-386; ss. 29, 114, ch. 92-318.

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Amendments to 627.408

Annotations, Discussions, Cases:

Cases Citing Statute 627.408

Total Results: 2 | Sort by: Relevance | Newest First

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Cna Intern. Reinsurance Co. v. Phoenix, 678 So. 2d 378 (Fla. 1st DCA 1996).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 362705

...Thus it appears the absence of a countersignature does not mean, as a matter of law, that the policy was not valid until the issuance date. Similarly, the adequacy of Phoenix's signature on one side of the medical certificate cannot be decided at this point as a matter of law. We also reject the contention that § 627.408(1), Fla....

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Maccri v. First Colony Life Ins., 944 F. Supp. 881 (M.D. Fla. 1996).

Published | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 16674, 1996 WL 650495

...sponse and Cross-Motion for Partial Summary Judgment, Plaintiffs response to the Cross-Motion, and all supporting documentation. In the instant case, Plaintiff asserts that the application of Dr. Mark J. Sweet is inadmissible as evidence pursuant to § 627.408 and § 627.452 of the Florida Statutes....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 627 in the context of insurance coverage law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.