The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.410

¹627.410 Filing, approval of forms.—

(1) A basic insurance policy or annuity contract form, or application form where written application is required and is to be made a part of the policy or contract, group certificates issued under a master contract delivered in this state, or printed rider or endorsement form or form of renewal certificate, may not be delivered or issued for delivery in this state unless the form has been filed with the office by or on behalf of the insurer that proposes to use such form and has been approved by the office or filed pursuant to s. 627.4102. This provision does not apply to surety bonds or to policies, riders, endorsements, or forms of unique character that are designed for and used with insurance on a particular subject, other than as to health insurance, or that relate to the manner of distributing benefits or to the reservation of rights and benefits under life or health insurance policies and are used at the request of the individual policyholder, contract holder, or certificateholder. For group insurance policies effectuated and delivered outside this state but covering persons resident in this state, the group certificates to be delivered or issued for delivery in this state shall be filed with the office for information purposes only.

(2) Every such filing must be made at least 30 days in advance of any such use or delivery. At the expiration of the 30 days, the form filed will be deemed approved unless prior thereto it has been affirmatively approved or disapproved by order of the office. The approval of such form by the office constitutes a waiver of any unexpired portion of such waiting period. The office may extend the period within which it may affirmatively approve or disapprove such form by up to 15 days by giving notice of such extension before expiration of the initial 30-day period. If the initial 30-day period or the 15-day extension period ends on a weekend or a holiday under s. 110.117(1)(a)-(i), the review period must be extended until the conclusion of the next business day. At the expiration of such extended period, and in the absence of prior affirmative approval or disapproval, such form shall be deemed approved.

²(3) The office may, for cause, withdraw a previous approval. No insurer shall issue or use any form disapproved by the office, or as to which the office has withdrawn approval, after the effective date of the order of the office. Based on a finding from a market conduct examination of a property insurer that the insurer has exhibited a pattern or practice of one or more willful unfair insurance trade practice violations with regard to its use of appraisal, the office shall reexamine the insurer’s property insurance policy forms that contain an appraisal clause, and the office may:

(a) Withdraw approval of the forms, if warranted by the Florida Insurance Code.

(b) In addition to any regulatory action under ss. 624.418 and 624.4211, issue an order prohibiting the insurer from invoking appraisal for up to 2 years.

(4) The office may, by order, exempt from the requirements of this section for so long as it deems proper any insurance document or form or type thereof as specified in such order, to which, in its opinion, this section may not practicably be applied, or the filing and approval of which are, in its opinion, not desirable or necessary for the protection of the public. The office may not exempt from the requirements of this section the insurance documents or forms of any insurer, against whom the office enters a final order determining that such insurer violated any provision of this code, for a period of 36 months after the date of such order, and may not be deemed approved under subsection (2).

(5) This section also applies to any such form used by domestic insurers for delivery in a jurisdiction outside this state if the insurance supervisory official of such jurisdiction informs the office that such form is not subject to approval or disapproval by such official, and upon the order of the office requiring the form to be submitted to it for the purpose. The applicable same standards apply to such forms as apply to forms for domestic use.

(6)(a) An insurer may not deliver, issue for delivery, or renew in this state any health insurance policy form until it has filed with the office a copy of every applicable rating manual, rating schedule, change in rating manual, and change in rating schedule; if rating manuals and rating schedules are not applicable, the insurer must file with the office applicable premium rates and any change in applicable premium rates. This paragraph does not apply to group health insurance policies, effectuated and delivered in this state, insuring groups of 51 or more persons, except for Medicare supplement insurance, long-term care insurance, and any coverage under which the increase in claim costs over the lifetime of the contract due to advancing age or duration is prefunded in the premium.

(b) The commission may establish by rule, for each type of health insurance form, procedures to be used in ascertaining the reasonableness of benefits in relation to premium rates and may, by rule, exempt from any requirement of paragraph (a) any health insurance policy form or type thereof, as specified in such rule, to which form or type such requirements may not be practically applied or to which form or type the application of such requirements is not desirable or necessary for the protection of the public. With respect to any health insurance policy form or type thereof which is exempted by rule from any requirement of paragraph (a), premium rates filed pursuant to ss. 627.640 and 627.662 are for informational purposes.

(c) Every filing made pursuant to this subsection shall be made within the same time period, and shall be deemed to be approved under the same conditions, as provided in subsection (2).

(d) Every filing made pursuant to this subsection, except disability income policies and accidental death policies, is prohibited from applying the following rating practices:

1. Select and ultimate premium schedules.

2. Premium class definitions that classify insured based on year of issue or duration since issue.

3. Attained age premium structures on policy forms under which more than 50 percent of the policies are issued to persons age 65 or over.

(e) Except as provided in subparagraph 1., an insurer shall continue to make available for purchase any individual policy form issued on or after October 1, 1993. A policy form is not considered to be available for purchase unless the insurer has actively offered it for sale during the previous 12 months.

1. An insurer may discontinue the availability of a policy form if the insurer provides its decision to the office in writing at least 30 days before discontinuing the availability of the form of the policy or certificate. After receipt of the notice by the office, the insurer may no longer offer the policy form or certificate form for sale in this state.

2. An insurer that discontinues the availability of a policy form pursuant to subparagraph 1. may not file for approval a new policy form providing benefits similar to the discontinued form for 5 years after the insurer provides notice to the office of the discontinuance. The period of discontinuance may be reduced if the office determines that a shorter period is appropriate. The requirements of this subparagraph do not apply to the discontinuance of a policy form because it does not comply with PPACA.

3. The experience of all policy forms providing similar benefits shall be combined for all rating purposes, except that the experience of grandfathered health plans and nongrandfathered health plans shall be separated.

(7) Each insurer subject to subsection (6) shall make an annual filing with the office within 12 months after its previous filing, demonstrating the reasonableness of benefits in relation to premium rates. After receiving a request to be exempted from the provisions of this section, the office may, for good cause due to insignificant numbers of policies in force or insignificant premium volume, exempt a company, by line of coverage, from filing rates or rate certification as required by this section.

(a) The filing shall be satisfied by one of the following methods:

1. A rate filing prepared by an actuary which contains documentation demonstrating the reasonableness of benefits in relation to premiums charged in accordance with the applicable rating laws and rules adopted by the commission.

2. If no rate change is proposed, a filing that consists of a certification by an actuary that benefits are reasonable in relation to premiums currently charged in accordance with applicable laws and rules promulgated by the commission.

(b) As used in this section, the term “actuary” means an individual who is a member of the Society of Actuaries or the American Academy of Actuaries. If an insurer does not employ or otherwise retain the services of an actuary, the insurer’s certification shall be prepared by insurer personnel or consultants who have a minimum of 5 years’ experience in insurance ratemaking. The chief executive officer of the insurer shall review and sign the certification indicating his or her agreement with its conclusions.

(c) If at the time a filing is required an insurer is in the process of completing a rate review, the insurer may apply to the office for an extension of up to an additional 30 days in which to make the filing. The request for extension must be received by the office by the date the filing is due.

(d) If an insurer fails to meet the filing requirements of this subsection and does not submit the filing within 60 days after the date the filing is due, the office may, in addition to any other penalty authorized by law, order the insurer to discontinue the issuance of policies for which the required filing was not made until such time as the office determines that the required filing is properly submitted.

(8)(a) For the purposes of subsections (6) and (7), benefits of an individual accident and health insurance policy form, including Medicare supplement policies as defined in s. 627.672, when authorized by rules adopted by the commission, and excluding long-term care insurance policies as defined in s. 627.9404, and other policy forms under which more than 50 percent of the policies are issued to individuals age 65 and over, are deemed to be reasonable in relation to premium rates if the rates are filed pursuant to a loss ratio guarantee and both the initial rates and the durational and lifetime loss ratios have been approved by the office, and such benefits shall continue to be deemed reasonable for renewal rates while the insurer complies with such guarantee, provided the currently expected lifetime loss ratio is not more than 5 percent less than the filed lifetime loss ratio as certified to by an actuary. The office shall have the right to bring an administrative action should it deem that the lifetime loss ratio will not be met. For Medicare supplement filings, the office may withdraw a previously approved filing which was made pursuant to a loss ratio guarantee if it determines that the filing is not in compliance with ss. 627.671-627.675 or the currently expected lifetime loss ratio is less than the filed lifetime loss ratio as certified by an actuary in the initial guaranteed loss ratio filing. If this section conflicts with ss. 627.671-627.675, ss. 627.671-627.675 shall control.

(b) The renewal premium rates shall be deemed to be approved upon filing with the office if the filing is accompanied by the most current approved loss ratio guarantee. The loss ratio guarantee shall be in writing, shall be signed by an officer of the insurer, and shall contain at least:

1. A recitation of the anticipated lifetime and durational target loss ratios contained in the actuarial memorandum filed with the policy form when it was originally approved. The durational target loss ratios shall be calculated for 1-year experience periods. If statutory changes have rendered any portion of such actuarial memorandum obsolete, the loss ratio guarantee shall also include an amendment to the actuarial memorandum reflecting current law and containing new lifetime and durational loss ratio targets.

2. A guarantee that the applicable loss ratios for the experience period in which the new rates will take effect, and for each experience period thereafter until new rates are filed, will meet the loss ratios referred to in subparagraph 1.

3. A guarantee that the applicable loss ratio results for the experience period will be independently audited at the insurer’s expense. The audit shall be performed in the second calendar quarter of the year following the end of the experience period, and the audited results shall be reported to the office no later than the end of such quarter. The commission shall establish by rule the minimum information reasonably necessary to be included in the report. The audit shall be done in accordance with accepted accounting and actuarial principles.

4. A guarantee that affected policyholders in this state shall be issued a proportional refund, based on the premium earned, of the amount necessary to bring the applicable experience period loss ratio up to the durational target loss ratio referred to in subparagraph 1. The refund shall be made to all policyholders in this state who are insured under the applicable policy form as of the last day of the experience period, except that no refund need be made to a policyholder in an amount less than $10. Refunds less than $10 shall be aggregated and paid pro rata to the policyholders receiving refunds. The refund shall include interest at the then-current variable loan interest rate for life insurance policies established by the National Association of Insurance Commissioners, from the end of the experience period until the date of payment. Payments shall be made during the third calendar quarter of the year following the experience period for which a refund is determined to be due. However, no refunds shall be made until 60 days after the filing of the audit report in order that the office has adequate time to review the report.

5. A guarantee that if the applicable loss ratio exceeds the durational target loss ratio for that experience period by more than 20 percent, provided there are at least 2,000 policyholders on the form nationwide or, if not, then accumulated each calendar year until 2,000 policyholder years is reached, the insurer, if directed by the office, shall withdraw the policy form for the purposes of issuing new policies.

1. “Loss ratio” means the ratio of incurred claims to earned premium.

2. “Applicable loss ratio” means the loss ratio attributable solely to this state if there are 2,000 or more policyholders in the state. If there are 500 or more policyholders in this state but less than 2,000, it is the linear interpolation of the nationwide loss ratio and the loss ratio for this state. If there are less than 500 policyholders in this state, it is the nationwide loss ratio.

3. “Experience period” means the period, ordinarily a calendar year, for which a loss ratio guarantee is calculated.

History.—s. 459, ch. 59-205; ss. 13, 35, ch. 69-106; s. 1, ch. 71-17; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 78-95; ss. 2, 3, ch. 81-318; ss. 364, 377, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 2, ch. 84-235; s. 3, ch. 89-360; s. 20, ch. 90-249; s. 12, ch. 90-366; s. 1, ch. 91-73; ss. 32, 114, ch. 92-318; s. 62, ch. 93-129; s. 22, ch. 93-260; s. 325, ch. 97-102; s. 3, ch. 98-159; s. 4, ch. 98-173; s. 5, ch. 2002-282; s. 1112, ch. 2003-261; s. 20, ch. 2004-297; s. 3, ch. 2013-66; s. 15, ch. 2013-101; s. 11, ch. 2016-11; s. 11, ch. 2020-63; s. 12, ch. 2022-271; s. 18, ch. 2023-172.

¹Note.—Section 3, ch. 2013-174, provides that “[t]he rules adopted by the Financial Services Commission to establish the format for the notice of the estimated premium impact of the federal Patient Protection and Affordable Care Act pursuant to s. 627.410, Florida Statutes, as amended by Senate Bill 1842, House Bill 7155, or similar legislation adopted in the same legislative session or an extension thereof, are not subject to s. 120.541(3), Florida Statutes.” Senate Bill 1842 became chapter 2013-101.

²Note.—Section 23, ch. 2023-172, provides that “[c]hapter 2022-271, Laws of Florida, shall not be construed to impair any right under an insurance contract in effect on or before the effective date of that chapter law. To the extent that chapter 2022-271, Laws of Florida, affects a right under an insurance contract, that chapter law applies to an insurance contract issued or renewed after the applicable effective date provided by the chapter law. This section is intended to clarify existing law and is remedial in nature.”

F.S. 627.410 on Google Scholar

F.S. 627.410 on Casetext

Amendments to 627.410

Arrestable Offenses / Crimes under Fla. Stat. 627.410

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.410.

Annotations, Discussions, Cases:

Cases from cite.case.law:

RESTORATION OF PORT ST. LUCIE, a a o v. ARK ROYAL INSURANCE COMPANY,, 255 So. 3d 344 (Fla. App. Ct. 2018)

. . . . §§ 627.410(3), .411(1), Fla. Stat. (2018). . . .

JOHNSON, v. CATAMARAN HEALTH SOLUTIONS, LLC, f. k. a. f. k. a., 687 F. App'x 825 (11th Cir. 2017)

. . . Second, §§ 627.410 and 627.640 require insurers to file certain documents relating to their premiums . . . with Florida’s Office of Insurance Regulation (“OIR”), and § 627.410(7) requires insurers to “make an . . . Thus, although §§. 627.410, 627.411, and 627.640 do seem to embody a requirement that insurance products . . . Thus, we decline to incorporate §§ 627.410, 627.411, and 627.640 into the insurance contracts at issue . . . Stat. §§ 627.6515, 627.410, 627.411,.and 627.640. . . .

MARTORELLA, v. DEUTSCHE BANK NATIONAL TRUST COMPANY,, 161 F. Supp. 3d 1209 (S.D. Fla. 2015)

. . . . § 627.410(1) requires an insurer to gain the Office's approval of a "basic insurance policy” before . . . 626.913(4), excuses a surplus line policy from Chapter 627, including the approval requirement in Section 627.410 . . .

ESSEX INSURANCE CO. v. INTEGRATED DRAINAGE SOLUTIONS, INC. a a a LLC, a a a, 124 So. 3d 947 (Fla. Dist. Ct. App. 2013)

. . . failed to file and obtain preapproval of the combination general endorsement as required by section 627.410 . . . Stat. (2008), it was exempt from the filing and approval requirements of section 627.410. . . . Twin City Fire Insurance Co., 291 Fed.Appx. 220 (11th Cir.2008), which addressed section 627.410, the . . . The CNL court relied on Zota and concluded that section 627.410 applied to surplus lines carriers. . . . See § 627.410. . . .

FLORIDA FARM BUREAU CASUALTY INSURANCE COMPANY v. STATE OFFICE OF INSURANCE REGULATION,, 109 So. 3d 860 (Fla. Dist. Ct. App. 2013)

. . . However, under section 627.410(1), Florida Statutes, which requires insurers to submit all insurance . . . See § 627.410(1), Fla. Stat. (2011); see also DuFresne v. . . .

CHALFONTE CONDOMINIUM APARTMENT ASSOCIATION, INC. v. QBE INSURANCE CORPORATION, v. QBE v. QBE, 695 F.3d 1215 (11th Cir. 2012)

. . . See, e.g., § 627.410(7)(e), Fla. Stat. § 627.410(7)(3), Fla. . . .

S. LEMY, v. DIRECT GENERAL FINANCE COMPANY,, 884 F. Supp. 2d 1236 (M.D. Fla. 2012)

. . . surplus line; Sections 627.062 and 627.0651, which regulate a general line policy’s price; Section 627.410 . . .

S. LEMY, v. DIRECT GENERAL FINANCE COMPANY,, 885 F. Supp. 2d 1265 (M.D. Fla. 2012)

. . . violation of Sections 627.062 and 627.0651, each in part I of Chapter 627, and a violation of Section 627.410 . . . Applying Section 627.410(1) is trickier. . . . Section 627.410(1) requires an insurer to gain the Office’s approval of a “basic insurance policy” before . . . 626.913(4), excuses a surplus line policy from Chapter 627, including the approval requirement in Section 627.410 . . . exemption from Chapter 627 began, see (Doc. 96 at 3-4), and the claim that the insurers violated Section 627.410 . . .

QBE INSURANCE CORPORATION, v. CHALFONTE CONDOMINIUM APARTMENT ASSOCIATION, INC., 94 So. 3d 541 (Fla. 2012)

. . . See, e.g., § 627.410(7)(e), Fla. . . .

PRESCOTT ARCHITECTS, INC. v. LEXINGTON INSURANCE COMPANY,, 638 F. Supp. 2d 1317 (N.D. Fla. 2009)

. . . portion of its policy Lexington should have submitted to the Office of Insurance Regulation, but § 627.410 . . . Prescott’s claim Lexington failed to comply with § 627.410(1) is conclusory and unsupported by affidavit . . . Section 627.410(1) only applies to a “basic insurance policy” and excludes "policies ... of unique character . . .

VISION I HOMEOWNERS ASSOCIATION, INC. a v. ASPEN SPECIALTY INSURANCE COMPANY, a, 643 F. Supp. 2d 1356 (S.D. Fla. 2009)

. . . In other sections, specific remedies are provided: “[f]or example, in Section 627.410(e), the legislature . . .

ESSEX INSURANCE COMPANY, v. ZOTA,, 607 F. Supp. 2d 1340 (S.D. Fla. 2009)

. . . The Requirements of Florida Statute § 627.410 Florida Statute § 627.410(1) provides that: No basic insurance . . . Therefore, part II of Chapter 627, which includes § 627.410, applies to surplus lines insurers. . . . Defendants argue that there is no inconsistency between §§ 626.923 and 627.410 because § 627.410 discusses . . . Stat. § 627.410 should not invalidate an otherwise valid policy provision. . . . Stat. § 627.410 applies and was violated. . . .

CNL HOTELS RESORTS, INC. a v. TWIN CITY FIRE INSURANCE COMPANY, a a, 291 F. App'x 220 (11th Cir. 2008)

. . . . § 627.410(1). If a form is not filed with the Office, the form is void. Am. Mut. Fire Ins. Co. v. . . . Stat. § 627.021(2), as exempting surplus lines insurance from the filing requirements of section 627.410 . . . The decision of the Supreme Court of Florida compels our conclusion that section 627.410(1), which is . . .

NATIONAL STATES INSURANCE COMPANY, INC. v. OFFICE OF INSURANCE REGULATION,, 988 So. 2d 107 (Fla. Dist. Ct. App. 2008)

. . . annual rate certification filing for certain long-term care insurance policies as required under section 627.410 . . . (7)(a), Florida Statutes (2005), and, pursuant to section 627.410(7)(e), ordered National States to cease . . .

CHALFONTE CONDOMINIUM APARTMENT ASSOCIATION, INC. v. QBE INSURANCE CORPORATION,, 526 F. Supp. 2d 1251 (S.D. Fla. 2007)

. . . For example, in Section 627.410(e), the legislature made the penalty for failing to meet the filing requirements . . . Section 627.410(e). . . .

LAND O SUN MANAGEMENT CORPORATION, v. COMMERCE AND INDUSTRY INSURANCE COMPANY,, 961 So. 2d 1078 (Fla. Dist. Ct. App. 2007)

. . . See §§ 624.401(1), 627.410(1), Fla. Stat. (2006). . . .

HOME QUALITY MANAGEMENT, INC. a v. ACE AMERICAN INSURANCE COMPANY, a, 381 F. Supp. 2d 1363 (S.D. Fla. 2005)

. . . . §§ 626.9541(l)(h), 627.062(1), 627.091, 627.191, 627.211, 627.410, 440.38, and 440.41. . . .

LONDON, v. WAL- MART STORES, INC. USA,, 340 F.3d 1246 (11th Cir. 2003)

. . . In addition, London alleged that the Appellants violated Florida Statutes section 627.410, which requires . . . Ann. §§ 627.410, 627.682 (2002). . . . The district court found that under Illingworth, a party’s violation of Florida Statutes sections 627.410 . . . The court found that Chase and Bankers violated sections 627.410 and 627.682 by fading to file a copy . . .

MIAMI DADE COUNTY, v. ASSOCIATED AVIATION UNDERWRITERS,, 840 So. 2d 264 (Fla. Dist. Ct. App. 2002)

. . . the form for the various exclusions to the Florida Department of Insurance as required under Section 627.410 . . . Section 627.410(1) provides: No basic insurance policy or annuity contract form, or application form . . . relation to insurance upon a particular subject ... • Appellees make several arguments as to why § 627.410 . . . Appellees first claim that § 627.410 does not apply because the policies were issued to Pan American . . . Furthermore, the policies were not of such a unique character as to avoid the filing requirement of § 627.410 . . . See § 627.410(1), Fla. Stat. Summary judgment was correctly entered in favor of the appellees. . . .

SANDWICH CHEF OF TEXAS, INC. d b a v. RELIANCE NATIONAL INDEMNITY INSURANCE COMPANY f k a, 202 F.R.D. 484 (S.D. Tex. 2001)

. . . . § 35-1531 (1997); Fla.Stat.Ann § 627.410 (West Supp.2000); Ga Code Ann. § 33-24-9 (1996); Haw.Rev.Stat.Ann . . .

BRISTOL HOTEL MANAGEMENT CORPORATION, v. AETNA CASUALTY SURETY COMPANY,, 20 F. Supp. 2d 1345 (S.D. Fla. 1998)

. . . Department of Insurance, see § 627.091, the policy forms must also be approved by the Department, see § 627.410 . . .

C. BLEASDELL, B. v. UNDERWRITERS GUARANTEE INSURANCE COMPANY,, 707 So. 2d 411 (Fla. Dist. Ct. App. 1998)

. . . was no proof that the form had been approved by the Department of Insurance as required by section 627.410 . . .

GOLDEN RULE INSURANCE COMPANY, v. DEPARTMENT OF INSURANCE, 606 So. 2d 1233 (Fla. Dist. Ct. App. 1992)

. . . rejecting the hearing officer’s recommendation that the filing be deemed approved pursuant to section 627.410 . . . the filing approved 30 days after the filing was received by the Department, as required by section 627.410 . . .

PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, v. A. BONNEMA, 601 So. 2d 269 (Fla. Dist. Ct. App. 1992)

. . . Prudential was neither submitted to nor approved by the Department of Insurance as required by section 627.410 . . .

GOLDEN RULE INSURANCE COMPANY, v. DEPARTMENT OF INSURANCE,, 586 So. 2d 429 (Fla. Dist. Ct. App. 1991)

. . . to be processed; 4. the short period permitted the agency to review such filings pursuant to section 627.410 . . .

HOLY TEMPLE CHURCH OF GOD IN CHRIST, INC. v. A. MAXWELL,, 578 So. 2d 877 (Fla. Dist. Ct. App. 1991)

. . . is liable to the insured for the full amount of the claim unpaid by an unauthorized insurer); and § 627.410 . . .

UNITED STATES FIDELITY AND GUARANTY COMPANY, v. DEPARTMENT OF INSURANCE, 453 So. 2d 1355 (Fla. 1984)

. . . See §§ 627.410, .411, .413, Florida Statutes (1981). . . .

EQUITABLE LIFE ASSURANCE SOCIETY OF UNITED STATES, a v. J., 551 F.2d 978 (5th Cir. 1977)

. . . contracts not issued for delivery in this state nor delivered in this state, except as provided in § 627.410 . . .

AETNA LIFE INSURANCE COMPANY, v. I. SMITH,, 345 So. 2d 784 (Fla. Dist. Ct. App. 1977)

. . . contracts not issued for delivery in this state nor delivered in this state, except as provided in § 627.410 . . .