The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

View Entire Chapter

F.S. 627.4137

627.4137 Disclosure of certain information required.—

(1) Each insurer which does or may provide liability insurance coverage to pay all or a portion of any claim which might be made shall provide, within 30 days of the written request of the claimant, a statement, under oath, of a corporate officer or the insurer’s claims manager or superintendent setting forth the following information with regard to each known policy of insurance, including excess or umbrella insurance:

(a) The name of the insurer.

(b) The name of each insured.

(d) A statement of any policy or coverage defense which such insurer reasonably believes is available to such insurer at the time of filing such statement.

(e) A copy of the policy.

In addition, the insured, or her or his insurance agent, upon written request of the claimant or the claimant’s attorney, shall disclose the name and coverage of each known insurer to the claimant and shall forward such request for information as required by this subsection to all affected insurers. The insurer shall then supply the information required in this subsection to the claimant within 30 days of receipt of such request.

(2) The statement required by subsection (1) shall be amended immediately upon discovery of facts calling for an amendment to such statement.

(3) Any request made to a self-insured corporation pursuant to this section shall be sent by certified mail to the registered agent of the disclosing entity.

History.—ss. 543, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 22, ch. 83-288; ss. 38, 114, ch. 92-318; s. 327, ch. 97-102; s. 10, ch. 2011-174.

Note.—Former s. 627.7264.

F.S. 627.4137 on Google Scholar

F.S. 627.4137 on Casetext

Amendments to 627.4137

Arrestable Offenses / Crimes under Fla. Stat. 627.4137

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.4137.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BARANOWSKI, v. GEICO GENERAL INSURANCE COMPANY,, 385 F. Supp. 3d 1267 (M.D. Fla. 2019)

. . . The second letter requested statutory insurance disclosures pursuant to Florida Statute § 627.4137 within . . .

COULTER, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,, 614 F. App'x 998 (11th Cir. 2015)

. . . claims against Huszagh: 1) comply with the statutory policy disclosures required by Florida Statute § 627.4137 . . . Stat. § 627.4137 to make the disclosures necessary under that statute. . . .

BRANNAN, v. GEICO INDEMNITY COMPANY,, 569 F. App'x 724 (11th Cir. 2014)

. . . . § 627.4137. . . . Stat. § 627.4137(1) (requiring the disclosure of certain insurance information, including the limits . . . But Brannan fails to point to any legal authority to show that § 627.4137 creates a first-party private . . . Co., 591 So.2d 1126, 1127-28 (Fla.Dist.Ct.App.1992) (noting that § 627.4137 “does not contain an implicit . . .

VILLAREAL a k a v. ERES, D., 128 So. 3d 93 (Fla. Dist. Ct. App. 2013)

. . . Villareal’s insurer, asked for the disclosure of insurance coverage information described in section 627.4137 . . . He asked that the insurer provide the coverage information affidavits required by section 627.4137. . . . Section 627.4137(1) provides as follows: (1) Each insurer which does or may provide liability insurance . . .

GIRA, v. WOLFE, 115 So. 3d 414 (Fla. Dist. Ct. App. 2013)

. . . statements, documentation, and all of the information required to be disclosed pursuant to Section 627.4137 . . . As discussed below, section 627.4137, Florida Statutes (2010), provides for the disclosure to a claimant . . . By enacting section 627.4137, the legislature has recognized the importance of a claimant’s access to . . . This court has also determined that an insurance disclosure in accordance with section 627.4137 was an . . . (quoting section 627.4137(1)). . . .

D. ALESSIO, ESTATE OF GARZA, v. FLORIDA INSURANCE GUARANTY ASSOCIATION,, 91 So. 3d 910 (Fla. Dist. Ct. App. 2012)

. . . Garza’s parents, Francisco and Grizelda Garza, retained an attorney who requested, pursuant to section 627.4137 . . .

TROUT, v. APICELLA, 78 So. 3d 681 (Fla. Dist. Ct. App. 2012)

. . . representation of Trout and requesting that Geico forward a statement, under oath, pursuant to section 627.4137 . . .

D. KNOWLING, v. MANAVOGLU, 73 So. 3d 301 (Fla. Dist. Ct. App. 2011)

. . . the] accident” with Emel Manavoglu, and requesting certain insurance information pursuant to section 627.4137 . . . requirements: (1) “a check for all available policy limits”; (2) “all items described in Florida Statutes 627.4137 . . . contained three essential terms: (1) a check for the policy limits; (2) the items described in section 627.4137 . . . documentation provided by Allstate satisfied Appellant’s request for “all items described in Florida Statutes 627.4137 . . .

CONTRERAS, v. CENTURY INSURANCE COMPANY,, 53 So. 3d 1194 (Fla. Dist. Ct. App. 2011)

. . . Section 627.4137, Florida Statutes, reads, to wit: 627.4137 Disclosure of certain information required . . . Rejection, Plaintiff has been placed in doubt as to his right under Florida Statutes, Sections 627.736 and 627.4137 . . . transcript reveals that the court was particularly persuaded by Respondent’s contention that section 627.4137 . . . characterized UM coverage as a “first party benefit,” not a liability coverage, suggesting that section 627.4137 . . . because the decision actually made by the county court — that Petitioner had no right under section 627.4137 . . .

CARDENAS, v. GEICO CASUALTY COMPANY,, 760 F. Supp. 2d 1305 (M.D. Fla. 2011)

. . . attorney for the claimants, contacted Geico and requested an insurance disclosure in accord with Section 627.4137 . . . to conflicting declaration pages, we must, at a minimum, insist on strict compliance with [Section] 627.4137 . . .

BELL, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a S., 30 So. 3d 684 (Fla. Dist. Ct. App. 2010)

. . . The appellant alleged that the insurance company failed to timely disclose, in violation of section 627.4137 . . . The parties present valid arguments as to the interpretation of the terms of section 627.4137. . . .

M. HANSON, v. MAXFIELD,, 23 So. 3d 736 (Fla. Dist. Ct. App. 2009)

. . . In reviewing the information that I received in response to my request for the policy under F.S. 627.4137 . . . We have also included a supplemental disclosure pursuant to Florida Statutes Section 627.4137. . . . respectively, previously provided to you, constitutes full compliance with Florida Statutes, Section 627.4137 . . . provided with Hansons’ acceptance letter did not comply with the disclosure requirements of section 627.4137 . . . Section 627.4137(1), Florida Statutes (2005) provides: (1) Each insurer which does or may provide liability . . .

PROGRESSIVE AMERICAN INSURANCE COMPANY, v. RURAL METRO CORPORATION OF FLORIDA,, 994 So. 2d 1202 (Fla. Dist. Ct. App. 2008)

. . . Subsection 627.736(6), Florida Statutes RMA relies on sections 627.736(6), 627.7401, 627.4137, and 626.9541 . . . under section 627.4137, Florida Statutes (2006). . . . The list in section 627.4137 is nearly identical to the information requested by RMA in this case. . . . As listed above, RMA’s demand letters request each of the items listed in section 627.4137 as well as . . . In section 627.4137, the Legislature limited the statute to liability insurance coverage. . . .

J. PORCELLI, v. ONEBEACON INSURANCE COMPANY, INC. f k a, 635 F. Supp. 2d 1312 (M.D. Fla. 2008)

. . . Under subsection 627.4137(1)(e), Florida Statutes (1993), an insurer is required to provide, among other . . . Stat. § 627.4137(l)(e) (1993). . . . .

UNDERWRITERS AT LLOYD S LONDON, v. OSTING- SCHWINN, C. O. a C. O. a v. s, 545 F. Supp. 2d 1261 (M.D. Fla. 2008)

. . . Stat. § 627.4137. . . . Stat. § 627.4137(1). . . . Stat. § 627.4137(1). B. Keith Utermark’s Affidavit Complied with Fla. Stat. § 627.4137. . . . Stat. § 627.4137. . . . Stat. § 627.4137. . . .

GEICO GENERAL INSURANCE COMPANY, v. FLORIDA EMERGENCY PHYSICIANS,, 972 So. 2d 966 (Fla. Dist. Ct. App. 2007)

. . . Specifically, pursuant to Florida Statute 627.4137, 627.7401, 627.736(6)(d) and/or the policy that covers . . .

N. MENCHISE, v. LIBERTY MUTUAL INSURANCE COMPANY,, 932 So. 2d 1130 (Fla. Dist. Ct. App. 2006)

. . . See § 627.4137, Fla. . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. A. ST. GODARD St., 936 So. 2d 5 (Fla. Dist. Ct. App. 2006)

. . . insureds wrote their motor vehicle insurance carrier, requesting the information specified in section 627.4137 . . . Here the insureds’ lawyer requested the information under section 627.4137 to facilitate the filing of . . . umbrella/excess policy, they could have made a request to State Farm Fire and Casualty under section 627.4137 . . . knowledge of such limits from State Farm’s presuit response to the letter on their behalf under section 627.4137 . . . See § 627.4137, Fla. . . .

In WATERFRONT LICENSE CORPORATION d b a P. No. PLE, 231 F.R.D. 693 (S.D. Fla. 2005)

. . . note from the Marine Homicide Report that you had an insurance policy____ Pursuant to Florida Statute 627.4137 . . .

SCHLOSSER, v. PEREZ,, 832 So. 2d 179 (Fla. Dist. Ct. App. 2002)

. . . case, the plaintiff had requested the disclosure of the insured’s coverage as set forth in section 627.4137 . . . The court rejected the insured’s argument that the insurance disclosure, as required by section 627.4137 . . . Attached to the offer was a copy of section 627.4137, which provides, in part, that “the insured, or . . . Schlosser made the request for disclosure to Perez’s insurer in his offer as permitted by section 627.4137 . . . Section 627.4137(1), Florida Statutes (2000), provides that, upon request by a claimant, a liability . . .

CHEVERIE, Jr. v. GEISSER,, 783 So. 2d 1115 (Fla. Dist. Ct. App. 2001)

. . . , requesting copies of correspondence and policy information as required by Florida Statute section 627.4137 . . . We do not agree with defendant’s characterization of compliance with Florida Statute section 627.4137 . . . Section 627.4137, Florida Statutes, provides: (1) Each insurer which does or may provide liability insurance . . .

UNITED AUTOMOBILE INSURANCE COMPANY, v. ROUSSEAU,, 682 So. 2d 1229 (Fla. Dist. Ct. App. 1996)

. . . It is undisputed that the insurer failed to comply with subsection 627.4137(l)(e), Florida Statutes ( . . .

FIGUEROA, a a a v. U. S. SECURITY INSURANCE COMPANY,, 664 So. 2d 1130 (Fla. Dist. Ct. App. 1995)

. . . Singletary, 540 So.2d 938 (Fla. 2d DCA 1989); § 627.4137, Fla.Stat. (1993). Cf Goldman v. . . .