627.4133 Notice of cancellation, nonrenewal, or renewal premium.—
(1) Except as provided in subsection (2):
(a) An insurer issuing a policy providing coverage for workers’ compensation and employer’s liability insurance, property, casualty, except mortgage guaranty, surety, or marine insurance, other than motor vehicle insurance subject to s. 627.728, shall give the first-named insured at least 45 days’ advance written notice of nonrenewal or of the renewal premium. If the policy is not to be renewed, the written notice shall state the reason or reasons as to why the policy is not to be renewed. This requirement applies only if the insured has furnished all of the necessary information so as to enable the insurer to develop the renewal premium prior to the expiration date of the policy to be renewed.
(b) An insurer issuing a policy providing coverage for property, casualty, except mortgage guaranty, surety, or marine insurance, other than motor vehicle insurance subject to s. 627.728 or s. 627.7281, shall give the first-named insured written notice of cancellation or termination other than nonrenewal at least 45 days prior to the effective date of the cancellation or termination, including in the written notice the reason or reasons for the cancellation or termination, except that:
1. When cancellation is for nonpayment of premium, at least 10 days’ written notice of cancellation accompanied by the reason therefor shall be given. As used in this subparagraph and s. 440.42(3), the term “nonpayment of premium” means failure of the named insured to discharge when due any of her or his obligations in connection with the payment of premiums on a policy or any installment of such premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit, or failure to maintain membership in an organization if such membership is a condition precedent to insurance coverage. “Nonpayment of premium” also means the failure of a financial institution to honor an insurance applicant’s check after delivery to a licensed agent for payment of a premium, even if the agent has previously delivered or transferred the premium to the insurer. If a dishonored check represents the initial premium payment, the contract and all contractual obligations shall be void ab initio unless the nonpayment is cured within the earlier of 5 days after actual notice by certified mail is received by the applicant or 15 days after notice is sent to the applicant by certified mail or registered mail, and if the contract is void, any premium received by the insurer from a third party shall be refunded to that party in full; and
2. When such cancellation or termination occurs during the first 60 days during which the insurance is in force and the insurance is canceled or terminated for reasons other than nonpayment of premium, at least 20 days’ written notice of cancellation or termination accompanied by the reason therefor shall be given except where there has been a material misstatement or misrepresentation or failure to comply with the underwriting requirements established by the insurer.
After the policy has been in effect for 60 days, no such policy shall be canceled by the insurer except when there has been a material misstatement, a nonpayment of premium, a failure to comply with underwriting requirements established by the insurer within 60 days of the date of effectuation of coverage, or a substantial change in the risk covered by the policy or when the cancellation is for all insureds under such policies for a given class of insureds. This subsection does not apply to individually rated risks having a policy term of less than 90 days.
(c) If an insurer fails to provide the 45-day or 20-day written notice required under this section, the coverage provided to the named insured shall remain in effect until 45 days after the notice is given or until the effective date of replacement coverage obtained by the named insured, whichever occurs first. The premium for the coverage shall remain the same during any such extension period except that, in the event of failure to provide notice of nonrenewal, if the rate filing then in effect would have resulted in a premium reduction, the premium during such extension of coverage shall be calculated based upon the later rate filing.
(d) Notwithstanding paragraph (b), Citizens Property Insurance Corporation in underwriting risks that, prior to the date of the application, were most recently insured by an insurer that has been placed in receivership under chapter 631, may immediately cancel a policy insuring such risk that has been in effect for 90 days or less for material misrepresentation or failure to comply with underwriting requirements established before the effectuation of coverage.
(2) With respect to any personal lines or commercial residential property insurance policy, including, but not limited to, any homeowner, mobile home owner, farmowner, condominium association, condominium unit owner, apartment building, or other policy covering a residential structure or its contents:
(a) The insurer shall give the first-named insured at least 45 days’ advance written notice of the renewal premium.
(b) The insurer shall give the first-named insured written notice of nonrenewal, cancellation, or termination at least 120 days before the effective date of the nonrenewal, cancellation, or termination. The notice must include the reason for the nonrenewal, cancellation, or termination, except that:
1. If cancellation is for nonpayment of premium, at least 10 days’ written notice of cancellation accompanied by the reason therefor must be given. As used in this subparagraph, the term “nonpayment of premium” means failure of the named insured to discharge when due her or his obligations for paying the premium on a policy or an installment of such premium, whether the premium is payable directly to the insurer or its agent or indirectly under a premium finance plan or extension of credit, or failure to maintain membership in an organization if such membership is a condition precedent to insurance coverage. The term also means the failure of a financial institution to honor an insurance applicant’s check after delivery to a licensed agent for payment of a premium even if the agent has previously delivered or transferred the premium to the insurer. If a dishonored check represents the initial premium payment, the contract and all contractual obligations are void ab initio unless the nonpayment is cured within the earlier of 5 days after actual notice by certified mail is received by the applicant or 15 days after notice is sent to the applicant by certified mail or registered mail. If the contract is void, any premium received by the insurer from a third party must be refunded to that party in full.
2. If cancellation or termination occurs during the first 60 days the insurance is in force and the insurance is canceled or terminated for reasons other than nonpayment of premium, at least 20 days’ written notice of cancellation or termination accompanied by the reason therefor must be given unless there has been a material misstatement or misrepresentation or a failure to comply with the underwriting requirements established by the insurer.
3. After the policy has been in effect for 60 days, the policy may not be canceled by the insurer unless there has been a material misstatement; a nonpayment of premium; a failure to comply, within 60 days after the date of effectuation of coverage, with underwriting requirements established by the insurer before the date of effectuation of coverage; or a substantial change in the risk covered by the policy or unless the cancellation is for all insureds under such policies for a given class of insureds. This subparagraph does not apply to individually rated risks that have a policy term of less than 90 days.
4. After a policy or contract has been in effect for more than 60 days, the insurer may not cancel or terminate the policy or contract based on credit information available in public records.
5. A policy that is nonrenewed by Citizens Property Insurance Corporation, pursuant to s. 627.351(6), for a policy that has been assumed by an authorized insurer offering replacement coverage to the policyholder is exempt from the notice requirements of paragraph (a) and this paragraph. In such cases, the corporation must give the named insured written notice of nonrenewal at least 45 days before the effective date of the nonrenewal.
6. Notwithstanding any other provision of law, an insurer may cancel or nonrenew a property insurance policy after at least 45 days’ notice if the office finds that the early cancellation of some or all of the insurer’s policies is necessary to protect the best interests of the public or policyholders and the office approves the insurer’s plan for early cancellation or nonrenewal of some or all of its policies. The office may base such finding upon the financial condition of the insurer, lack of adequate reinsurance coverage for hurricane risk, or other relevant factors. The office may condition its finding on the consent of the insurer to be placed under administrative supervision pursuant to s. 624.81 or to the appointment of a receiver under chapter 631.
7. A policy covering both a home and a motor vehicle may be nonrenewed for any reason applicable to the property or motor vehicle insurance after providing 90 days’ notice.
(c) Notwithstanding paragraph (b), Citizens Property Insurance Corporation in underwriting risks that, prior to the date of the application, were most recently insured by an insurer that has been placed in receivership under chapter 631, may immediately cancel a policy insuring such risk that has been in effect for 90 days or less for material misrepresentation or failure to comply with underwriting requirements established before the effectuation of coverage.
(d) If the insurer fails to provide the notice required by this subsection, other than the 10-day notice, the coverage provided to the named insured shall remain in effect until the effective date of replacement coverage or until the expiration of a period of days after the notice is given equal to the required notice period, whichever occurs first. The premium for the coverage shall remain the same during any such extension period except that, in the event of failure to provide notice of nonrenewal, if the rate filing then in effect would have resulted in a premium reduction, the premium during such extension shall be calculated based on the later rate filing.
(e)1. An authorized insurer may not cancel or nonrenew a personal residential or commercial residential property insurance policy covering a dwelling or residential property located in this state:
a. For a period of 90 days after the dwelling or residential property has been repaired, if such property has been damaged as a result of a hurricane or wind loss that is the subject of the declaration of emergency pursuant to s. 252.36 and the filing of an order by the Commissioner of Insurance Regulation.
b. Until the earlier of when the dwelling or residential property has been repaired or 1 year after the insurer issues the final claim payment, if such property was damaged by any covered peril and sub-subparagraph a. does not apply.
2. However, an insurer or agent may cancel or nonrenew such a policy prior to the repair of the dwelling or residential property:
a. Upon 10 days’ notice for nonpayment of premium; or
b. Upon 45 days’ notice:
(I) For a material misstatement or fraud related to the claim;
(II) If the insurer determines that the insured has unreasonably caused a delay in the repair of the dwelling; or
(III) If the insurer has paid policy limits.
3. If the insurer elects to nonrenew a policy covering a property that has been damaged, the insurer shall provide at least 90 days’ notice to the insured that the insurer intends to nonrenew the policy 90 days after the dwelling or residential property has been repaired. Nothing in this paragraph shall prevent the insurer from canceling or nonrenewing the policy 90 days after the repairs are complete for the same reasons the insurer would otherwise have canceled or nonrenewed the policy but for the limitations of subparagraph 1. The Financial Services Commission may adopt rules, and the Commissioner of Insurance Regulation may issue orders, necessary to implement this paragraph.
4. This paragraph shall also apply to personal residential and commercial residential policies covering property that was damaged as the result of Hurricane Ian or Hurricane Nicole.
5. For purposes of this paragraph:
a. A structure is deemed to be repaired when substantially completed and restored to the extent that it is insurable by another authorized insurer writing policies in this state.
b. The term “insurer” means an authorized insurer.
(f) If any cancellation or nonrenewal of a policy subject to this subsection is to take effect during the duration of a hurricane as defined in s. 627.4025(2)(c), the effective date of such cancellation or nonrenewal is extended until the end of the duration of such hurricane. The insurer may collect premium at the prior rates or the rates then in effect for the period of time for which coverage is extended. This paragraph does not apply to any property with respect to which replacement coverage has been obtained and which is in effect for a claim occurring during the duration of the hurricane.
(3) Claims on property insurance policies that are the result of an act of God may not be used as a cause for cancellation or nonrenewal, unless the insurer can demonstrate, by claims frequency or otherwise, that the insured has failed to take action reasonably necessary as requested by the insurer to prevent recurrence of damage to the insured property.
(4) Notwithstanding s. 440.42(3), if cancellation of a policy providing coverage for workers’ compensation and employer’s liability insurance is requested in writing by the insured, such cancellation shall be effective on the date requested by the insured or, if no date is specified by the insured, cancellation shall be effective on the date of the written request. The carrier is not required to send notice of cancellation to the insured if the cancellation is requested in writing by the insured. Any retroactive assumption of coverage and liabilities under a policy providing workers’ compensation and employer’s liability insurance may not exceed 21 days.
(5) An insurer that cancels a property insurance policy on property secured by a mortgage due to the failure of the lender to timely pay the premium when due shall reinstate the policy as required by s. 501.137.
(6) A single claim on a property insurance policy which is the result of water damage may not be used as the sole cause for cancellation or nonrenewal unless the insurer can demonstrate that the insured has failed to take action reasonably requested by the insurer to prevent a future similar occurrence of damage to the insured property.
(7)(a) With respect to any residential property insurance policy, every notice of renewal premium must specify:
1. The dollar amounts recouped for assessments by the Florida Hurricane Catastrophe Fund, the Citizens Property Insurance Corporation, and the Florida Insurance Guaranty Association. The actual names of the entities must appear next to the dollar amounts.
2. The dollar amount of any premium increase that is due to an approved rate increase and the total dollar amount that is due to coverage changes.
(b) The Financial Services Commission may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection.
(8) Upon expiration of the policy term, an insurer may transfer a personal lines residential, commercial residential, or commercial lines policy to another authorized insurer that is a member of the same group or owned by the same holding company as the transferring insurer. The transfer constitutes a renewal of the policy and may not be treated as a cancellation or a nonrenewal of the policy. The insurer must provide notice of its intent to transfer the policy at least 45 days before the effective date of the transfer along with the financial rating of the authorized insurer to which the policy is being transferred. Such notice may be provided in the notice of renewal premium. This subsection does not apply to a policy providing personal lines residential or commercial residential property insurance coverage, except for farmowners insurance, unless:
(a) The authorized insurer to which the policy is being transferred is admitted in this state and other states and writing residential property insurance in multiple states, is not converting the policy to a surplus lines policy, and has been determined by the office to have the same or better financial strength than the transferring insurer;
(b) The transfer results in substantially similar coverage;
(c) The authorized insurer to which the policy is being transferred provides a notice of change in policy terms to the policyholder in compliance with s. 627.43141, which must also include notice of the policy transfer and the authorized insurer’s financial rating. Such notice must be provided with the notice of renewal premium. The notice and information provided under this paragraph must be provided to the insured at least 60 days before the effective date of the transfer and may replace any other notice required by this subsection;
(d) The policyholder of the policy being transferred has been selected on a nondiscriminatory basis; and
Cited 11 times | Published | Florida 1st District Court of Appeal | 2007 WL 4372744
...Second, this count alleged that pursuant to the locum tenens policies executed by Drs. Kim and Esfahani naming Dr. McKinney as an additional insured on policy # # 6646 and 27035, respectively, Dr. McKinney was entitled to receive notice of non-renewal or cancellation of the policy under section 627.4133, Florida Statutes (2000)....
...McKinney was not entitled to any relief under the two locum tenens acknowledgments because Drs. Kim and Esfahani had cancelled their policies with FPIC, without purchasing tail coverage, long before Mrs. Carawon's September 2003 notice of intent was presented; and that the breach of contract claim should be dismissed because section 627.4133(1), Florida Statutes (2000), which requires notice to be given by the "insurer" to "the named insured," does not apply to additional insureds such as Dr....
...ed Insureds were covered by a different insurance policy than the one at issue. ( Id. at 5). The Cooper and Wheatley Defendants' argument is based on a Florida law that requires an insurer to give 45 days prior notice of changes in a renewal policy. § 627.4133, Fla....
...(Doc. 49 at 5). Neither of the Named Insureds raises this argument or otherwise seeks to postpone a ruling on the instant motions, and the Cooper and Wheatley Defendants do not cite any authority for the proposition that the protections afforded by section 627.4133 may be asserted by persons other than Named Insureds. See St. Paul Fire & Marine Ins. Co. v. Valdivia, 771 So.2d 1229, 1230 (Fla. 3d DCA 2000) (noting that the purpose of section 627.4133 is to "`enable an insured to obtain coverage elsewhere before the insured is subjected to risk without protection'" (quoting U.S....
...ous provision coupled with the insured's failure to act upon the notice binds the insured to the terms set forth in the notice). Accordingly, the Cooper and Wheatley Defendants' outstanding requests for discovery regarding Westport's compliance with section 627.4133 do not justify postponing ruling on the instant Motions....
...a single Florida county.
See Fla. Stat. § 627.7013. This phaseout plan was interpreted by Department of Insurance (DOI)
rules—despite a Florida statute permitting the total withdrawal of insurance companies upon 45-
days notice, see Fla. Stat. § 627.4133(2)—as generally prohibiting an insurer's total withdrawal from
doing business in the State of Florida.3
In addition, legislation was passed requiring insurers to pay annual premiums to the Florida
2
When the summary...
...This is an appeal from a final summary judgment which determines that a policy of insurance issued by the appellant, St. Paul Fire and Marine Insurance Company, was in effect when appellee, Erik Valdivia, sustained his injuries. Although St. Paul failed to send the required statutory notice of nonrenewal pursuant to section 627.4133(1)(a), Florida Statutes (1995), the company's compliance was excused because the insured obtained replacement coverage with another carrier....
...Valdivia was injured in a motor cross bicycle accident that occurred less than twenty-four hours after the St. Paul policy at issue in this case expired. He nevertheless sued St. Paul, alleging that the insurance policy was still in effect at the time of the crash because St. Paul had failed to comply with section 627.4133(1)(a), which section requires an insurer to give the named insured at least forty-five days' advance written notice of nonrenewal....
...Paul had insured Knight Bike Shop against liability arising out of the sale or assembly of bicycles. Valdivia filed this action against St. Paul pursuant to an assignment from Knight Bike Shop after he had unsuccessfully sued the bike shop for the allegedly negligent assembly of Valdivia's bike. [1] The purpose of section 627.4133(1)(a) is to "enable an insured to obtain coverage elsewhere before the insured is subjected to risk without protection." United States Fire Ins....
...Paul did not provide Knight Bike Shop the required forty-five days statutory notice of the nonrenewal of its policy. However, prior to the expiration of the St. Paul policy, the bike shop obtained coverage with Sphere Drake Insurance Company. The insured shop was thus protected by a replacement policy. Section 627.4133(1)(c) provides that, if an insurer fails to provide the required notice, the coverage remains in effect until forty-five days after the notice is given "or until the effective date of replacement coverage obtained by the named insured, whichever occurs first." (emphasis added)....
Cited 3 times | Published | Florida 5th District Court of Appeal | 1998 WL 177409
...After settling with its employee, Southern filed suit against Hartford to recoup its defense costs, alleging that the Hartford policy covered personal injury in 1990 and 1991 because Hartford had not notified Southern of the 1987 coverage exclusion as required by subsection 627.4133(1), Florida Statutes (1997), which provides in part: (a) An insurer issuing a policy providing coverage for workers' compensation and employer's liability insurance, property, casualty, except mortgage guaranty, surety, or marine insurance ......
...written notice required under this section, the coverage provided to the named insured shall remain in effect until 45 days after the notice is given or until the effective date of replacement coverage obtained by the named insured, whichever occurs first. Hartford contends that section 627.4133 only requires notice to the insured when an entire policy is not renewed and not where, as here, only a portion of numerous coverages is deleted....
...e requirement is to enable an insured to obtain coverage elsewhere before the insured is subjected to risk without protection. The 1987 Hartford policy, which deleted this coverage, was a non-renewal of the 1986 Hartford policy within the meaning of § 627.4133....
...In the Court's opinion, notice is required when, as here, coverage such as the libel and slander coverage provided by the 1986 Hartford Policy is eliminated by the insurer in the reissued policy. We agree with the trial court that the 1987 policy was a "nonrenewal" of the 1986 policy which triggered the notice requirement of section 627.4133....
Cited 2 times | Published | Court of Appeals for the Eleventh Circuit
...Therefore, Verex argues that if mortgage guaranty insurance was governed exclusively by the provisions of Chapter 635 and other specifically incorporated code provisions, the 1985 amendment to § 627.4145 was pointless. Similarly, Verex calls the Court’s attention to § 627.4133, governing notice of cancellation, nonrenewal, or renewal premiums. On October 1, 1990, the Florida legislature amended § 627.4133 to exempt mortgage guaranty insurance from its coverage. Ve-rex asserts that FDIC’s position means that § 627.4133 has not applied to mortgage guaranty insurance at least since 1983 when § 635.091 was adopted because § 635.091 does not list § 627.4133. Nevertheless, because the legislature amended § 627.4133 in *399 1990 specifically to exempt mortgage guaranty insurance, Verex insists that this statute must have applied to mortgage guaranty insurance prior to that time. Verex maintains that the amendments to sections 627.4145 and 627.4133 indicate that FDIC’s interpretation of the purpose and effect of § 635.091 is untenable....
Cited 2 times | Published | Court of Appeals for the Eleventh Circuit
...This phaseout plan was
interpreted by Department of Insurance
(DOI) rules -- despite a Florida statute
permitting the total withdrawal of
insurance companies upon 45- days notice,
see Fla. Stat. § 627.4133(2) -- as generally
prohibiting an insurer’s total withdrawal
7
from doing business in the State of
3
Florida.
In addition, legislation was pas...
...They were told that they had no homeowner's policy in force and effect with Fortune on August 24, 1992, and that their policy had been cancelled in 1991. The Ruizes thereafter filed suit against Fortune, and the trial court entered summary judgment in favor of Fortune. This appeal followed. Initially, we note that section 627.4133, Florida Statutes (1991) prescribes the precise manner in which an insurer must provide a notice of cancellation or nonrenewal to its insured....
...4th DCA 1989); Burgos v. Independent Fire Ins. Co., 371 So.2d 539 (Fla. 3d DCA 1979). We find that Fortune's notice of cancellation of the Ruizes' homeowner's insurance as well as its cancellation of its agency relationship with Biscayne satisfied the requirement of section 627.4133....
...r insurer before it is subjected to risk without protection as a result of the nonrenewal of its insurance. See St. Paul Fire & Marine Ins. Co. v. Valdivia, 771 So.2d 1229, 1230 (Fla. 3d DCA 2000) (explaining that the purpose of the nearly-identical section 627.4133(1)(a) is to "enable an insured to obtain coverage elsewhere before the insured is subjected to risk without protection") (quoting United States Fire Ins....
....F. Construction, Inc. (the “subcontractor”), written notice of the insurer’s nonrenewal of its 2004-05 policy which provided coverage for the subcontractor’s additional insured, appellee Double A Industries, Inc. (the “contractor”). See § 627.4133(l)(a), Fla....
...Because the insurer failed to give such written notice to the subcontractor, and because the subcontractor did not obtain replacement coverage before the underlying incident, the terms of the 2004-05 policy remained in effect at the time of the underlying incident. See § 627.4133(l)(c), Fla....
Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 593, 1994 Fla. LEXIS 1813
...Therefore, Verex argues that if mortgage guaranty insurance was governed exclusively by the provisions of Chapter 635 and other specifically incorporated code provisions, the 1985 amendment to § 627.4145 was pointless. Similarly, Verex calls the Court's attention to § 627.4133, governing notice of cancellation, nonrenewal, or renewal premiums. On October 1, 1990, the Florida legislature amended § 627.4133 to exempt mortgage guaranty insurance from its coverage. Verex asserts that FDIC's position means that § 627.4133 has not applied to mortgage guaranty insurance at least since 1983 when § 635.091 was adopted because § 635.091 does not list § 627.4133. Nev *432 ertheless, because the legislature amended § 627.4133 in 1990 specifically to exempt mortgage guaranty insurance, Verex insists that this statute must have applied to mortgage guaranty insurance prior to that time. Verex maintains that the amendments to sections 627.4145 and 627.4133 indicate that FDIC's interpretation of the purpose and effect of § 635.091 is untenable....
...d, at the address shown in the policy, and to the named insured's insurance agent at her or his business address, at least 45 days’ advance notice of its intention not to renew; and the reasons for refusal to renew must accompany such notice.”); § 627.4133(1)(a), Fla....
...no dispute that such an exclusion squarely forecloses coverage in this case based on the facts as alleged in the Underlying Case’s third amended complaint. Accordingly, Cincinnati has no duty to defend Franck’s or Campbell. 21 C. Florida Statute § 627.4133 Franck’s and Campbell lastly seek to avoid application of the novation doctrine by arguing that Cincinnati failed to comply with Florida’s non-renewal statute, Fla. Stat. § 627.4133 ....
...policy is not to be renewed. This requirement applies only if the insured has furnished all of the necessary information so as to enable the insurer to develop the renewal premium prior to the expiration date of the policy to be renewed. Fla. Stat. § 627.4133 ....
...While this provision by its terms only appears to apply to the nonrenewal of insurance policies, Franck’s and Campbell have cited to one Florida decision, United States Fire Ins. Co. v. Southern Sec. Life Ins. Co., 710 So.2d 130 (Fla. 5th Dist.Ct.App.1998), which applied Fla. Stat. § 627.4133 to an insurance carrier’s renewal of a policy that deleted or removed coverage previously afforded....
...to provide such notice, “the coverage' provided to the named insured shall remain in effect until 45 days after notice is given or until the effective date of replacement coverage obtained by the named insured whichever occurs first.” Fla. Stat. § 627.4133 (l)(c)....
...acted outside the scope of its authority in issuing the homeowner’s policy. In support of that motion, American filed the affidavit of its regional manager, Kenneth Beyer. He stated that the Tenches’ policy had been cancelled in compliance with section 627.4133, Florida Statutes (1993) before the hurricane, that American would not have insured the duplex had it known it was uninhabited, and that Asher exceeded its authority in issuing the policy. The trial judge held two hearings and thereafter issued summary judgment in the insurer’s favor. We reverse. Section 627.4133 provides: (2)(b) When such cancellation or termination occurs during the first 90 days during which the insurance is in force and the insurance is cancelled or terminated for reasons other than nonpayment of premium, at least 20 days...
...Bella Marine and appellant agreed to a consent judgment under which appellant was assigned Bella Marine’s rights to proceed against appellee. In the motion for summary judgment that is the subject of this appeal, appellee asserted that it properly cancelled the contract under sections 440.42 and 627.4133(l)(b), Florida Statutes. The trial court held as a matter of law that section 627.4133(1)(b) does not apply to workers’ compensation, and that appellee did not validly cancel the contract....
...The Florida Supreme Court held that it would not impose an extension of reporting time because the parties did not agree to such an extension. Id. As described above, the policies at issue did include a specifically defined extended reporting period. D. Extended Reporting Period and § 627.4133 Notice of Nonrenewal Under Fla. Stat. § 627.4133 , an insurer is required to give its insured at least 45 days advance written notice of nonrenewal....
...If an insurer fails to give 45 days notice of nonrenewal, then “the coverage provided to the named insured shall remain in effect until 45 days after the notice is given or *1289 until the effective date of replacement coverage obtained by the named insured, whichever occurs first.” Fla. Stat. § 627.4133 (l)(c)....
...Garcia argues that this limitation is not part of the subparagraph (a) Automatic Extended Reporting Period; that the placement of this limitation makes its application to the Automatic Extended Period ambiguous; or, that this limitation is contrary to Fla. Stat. § 627.4133 and cannot apply in this action....
...If the term “either” were not modifying “Extended Reporting Period,” then the Court would agree with Garcia that the provision is ambiguous, and therefore construed against the insurers. 6 However, that is not the case in this policy. Garcia also argues that § 627.4133 requires that James River’s actions in this case be deemed a “nonrenewal,” and therefore the limitation on the contractual provision for automatic extension cannot apply....
...Garcia Motion at 2 [DE 26]. In North Pointe Casualty Ins. Co. v. Arden Ins. Assoc., Inc., 75 So.3d 798 (Fla.Dist.Ct.App.2011), the court held that because the insurer failed to give written notice to its insured regarding nonrenewal of its prior year policy, § 627.4133(1)(c) would apply to continue coverage on the same terms and conditions as the original policy. However, in this action a proper § 627.4133(1)(a) notice was issued. Therefore, § 627.4133(1)(c) does not apply....
...ere there has never been a prior dispute that the 200 East project was a condominium project as defined in the Residential Condominium/Townhome Exclusion. . James River points out in its response that as a surplus lines insurer, it is not covered by § 627.4133, but is covered by § 626.9201, a substantially similar statute. Upon a review of these two statutory provisions, any case law interpreting § 627.4133 would also apply to § 626.9201....
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.
