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Florida Statute 627.411 - Full Text and Legal Analysis
Florida Statute 627.411 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 627.411 Case Law from Google Scholar Google Search for Amendments to 627.411

The 2025 Florida Statutes

Title XXXVII
INSURANCE
Chapter 627
INSURANCE RATES AND CONTRACTS
View Entire Chapter
627.411 Grounds for disapproval.
(1) The office shall disapprove any form filed under s. 627.410, or withdraw any previous approval thereof, only if the form:
(a) Is in any respect in violation of, or does not comply with, this code.
(b) Contains or incorporates by reference, where such incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses, or exceptions and conditions which deceptively affect the risk purported to be assumed in the general coverage of the contract.
(c) Has any title, heading, or other indication of its provisions which is misleading.
(d) Is printed or otherwise reproduced in such manner as to render any material provision of the form substantially illegible.
(e) Is for residential property insurance and contains provisions that are unfair or inequitable or encourage misrepresentation.
(f) Is for health insurance, and:
1. Provides benefits that are unreasonable in relation to the premium charged.
2. Contains provisions that are unfair or inequitable or contrary to the public policy of this state or that encourage misrepresentation.
3. Contains provisions that apply rating practices that result in unfair discrimination pursuant to s. 626.9541(1)(g)2.
(g) Excludes coverage for human immunodeficiency virus infection or acquired immune deficiency syndrome or contains limitations in the benefits payable, or in the terms or conditions of such contract, for human immunodeficiency virus infection or acquired immune deficiency syndrome which are different than those which apply to any other sickness or medical condition.
(2) In determining whether the benefits are reasonable in relation to the premium charged, the office, in accordance with reasonable actuarial techniques, shall consider:
(a) Past loss experience and prospective loss experience within and without this state.
(b) Allocation of expenses.
(c) Risk and contingency margins, along with justification of such margins.
(d) Acquisition costs.
History.s. 460, ch. 59-205; ss. 13, 35, 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 366, 377, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 48, ch. 88-380; s. 114, ch. 92-318; s. 63, ch. 93-129; s. 1, ch. 2003-139; s. 1115, ch. 2003-261; s. 9, ch. 2005-111; s. 16, ch. 2013-101; s. 12, ch. 2016-11; s. 7, ch. 2016-194.

F.S. 627.411 on Google Scholar

F.S. 627.411 on CourtListener

Amendments to 627.411


Annotations, Discussions, Cases:

Cases Citing Statute 627.411

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Excelsior Ins. Co. v. Pomona Park Bar & Package Store, 369 So. 2d 938 (Fla. 1979).

Cited 132 times | Published | Supreme Court of Florida | 1979 Fla. LEXIS 4604

...nce policy into a device for channeling premiums to Excelsior without creating a corresponding duty to provide coverage. Pomona Park also urges that if the Department of Insurance does not disapprove an insurance policy form which is defective under Section 627.411, Florida Statutes (1977), then Section 627.418, Florida Statutes (1977), requires the courts to extend coverage so as to protect policy holders against the defect....
...The exclusions under review here deny coverage for liability based on acts that violated an alcoholic beverage law or otherwise transgressed certain civil special law duties of those "engaged in the business." Pomona Park has also asserted that Excelsior's policy form violates Section 627.411, Florida Statutes (1977) and that Section 627.418, Florida Statutes (1977) requires us to construe the policy so that it conforms to the standards of the former statute. That argument is without merit. Section 627.418 is designed to guarantee that the courts not bar coverage to policy holders because their contracts contain a condition or provision which violates the insurance code. Section 627.411 requires the Department of Insurance to disapprove inconsistent, ambiguous, misleading, illegible, or deceptive insurance forms and sets additional standards for disability insurance. We do not view the policy form in issue here as violative of Section 627.411. Neither does Section 627.418 invite free-wheeling judicial revision of insurance contracts that might be considered defective under Section 627.411....
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Florida Dept. of Ins. v. Guarantee Trust Life Ins. Co., 812 So. 2d 459 (Fla. 1st DCA 2002).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 2279, 2002 WL 341184

...Busch and Dennis Silverman, Tallahassee, for Appellants. Frank J. Santry of Granger & Santry, P.A., Tallahassee, for Appellees. BROWNING, J. The Florida Department of Insurance (DOI) appeals the trial court's entry of declaratory judgment which held section 627.411, Florida Statutes (1997), in its entirety, unconstitutional because it delegates legislative authority to DOI. However, only that portion of section 627.411(1)(e), Florida Statutes, which provides "......
...e Insurance Company (Golden Rule) (collectively "Appellees") argue a present controversy is shown because Appellees are insurance companies regulated by DOI, and DOI may disapprove a future rate filing based on the "viability provision" contained in section 627.411(1)(e), Florida Statutes....
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Allstate Indem. Co. v. Wise, 818 So. 2d 524 (Fla. 2d DCA 2001).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 2001 WL 574907

...At this time, Florida statutes authorize minimal regulation of the content of a family automobile liability insurance policy. Even the Department of Insurance has very little power to disapprove the contents of the standard family automobile insurance contracts used by authorized insurance companies in this state. See § 627.411, Fla....

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.