The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.4147

627.4147 Medical malpractice insurance contracts.—

(1) In addition to any other requirements imposed by law, each self-insurance policy as authorized under s. 627.357 or s. 624.462 or insurance policy providing coverage for claims arising out of the rendering of, or the failure to render, medical care or services, including those of the Florida Medical Malpractice Joint Underwriting Association, shall include:

(a) A clause requiring the insured to cooperate fully in the review process prescribed under s. 766.106 if a notice of intent to file a claim for medical malpractice is made against the insured.

(b)1. A clause clearly stating whether or not the insured has the exclusive right to veto any offer of admission of liability and for arbitration pursuant to s. 766.106, settlement offer, or offer of judgment if the offer is within policy limits. An insurer or self-insurer shall not make or conclude, without the permission of the insured, any offer of admission of liability and for arbitration pursuant to s. 766.106, settlement offer, or offer of judgment, if such offer is outside the policy limits. However, any offer for admission of liability and for arbitration made under s. 766.106, settlement offer, or offer of judgment made by an insurer or self-insurer shall be made in good faith and in the best interest of the insured.

2. If the policy contains a clause stating the insured does not have the exclusive right to veto any offer or admission of liability and for arbitration made pursuant to s. 766.106, settlement offer, or offer of judgment, the insurer or self-insurer shall provide to the insured or the insured’s legal representative by certified mail, return receipt requested, a copy of the final offer of admission of liability and for arbitration made pursuant to s. 766.106, settlement offer, or offer of judgment and at the same time such offer is provided to the claimant. A copy of any final agreement reached between the insurer and claimant shall also be provided to the insured or his or her legal representative by certified mail, return receipt requested, not more than 10 days after affecting such agreement.

(c) A clause requiring the insurer or self-insurer to notify the insured no less than 90 days prior to the effective date of cancellation of the policy or contract and, in the event of a determination by the insurer or self-insurer not to renew the policy or contract, to notify the insured no less than 90 days prior to the end of the policy or contract period. If cancellation or nonrenewal is due to nonpayment or loss of license, 10 days’ notice is required.

(d) A clause requiring the insurer or self-insurer to notify the insured no less than 60 days prior to the effective date of a rate increase. The provisions of s. 627.4133 shall apply to such notice and to the failure of the insurer to provide such notice to the extent not in conflict with this section.

(2) Each insurer covered by this section may require the insured to be a member in good standing, i.e., not subject to expulsion or suspension, of a duly recognized state or local professional society of health care providers which maintains a medical review committee. No professional society shall expel or suspend a member solely because he or she participates in a health maintenance organization licensed under part I of chapter 641.

(3) This section shall apply to all policies issued or renewed after October 1, 2003.

History.—ss. 6, 44, ch. 85-175; s. 5, ch. 86-287; s. 114, ch. 92-318; s. 23, ch. 95-211; s. 1, ch. 96-361; s. 1733, ch. 97-102; s. 29, ch. 99-3; s. 43, ch. 2003-416; s. 9, ch. 2011-233; s. 149, ch. 2020-2.

F.S. 627.4147 on Google Scholar

F.S. 627.4147 on Casetext

Amendments to 627.4147

Arrestable Offenses / Crimes under Fla. Stat. 627.4147

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.4147.

Annotations, Discussions, Cases:

Cases from cite.case.law:

R. SAMIIAN, M. D. v. FIRST PROFESSIONALS INSURANCE COMPANY, INC. M. M. D. P. A., 180 So. 3d 190 (Fla. Dist. Ct. App. 2015)

. . . Section 627.4147(l)(b)l., Florida Statutes (2005), requires that "any offer of admission of liability . . . Samiian’s- assertion that pursuant to section 627.4147, Florida Statutes (2005), the. insurer retains . . . See §§ 627.4147(1); (l)(b)l., Fla. . . .

KONG, v. ALLIED PROFESSIONAL INSURANCE COMPANY,, 750 F.3d 1295 (11th Cir. 2014)

. . . . § 627.4147 (regulating arbitration provisions in medical malpractice insurance contracts). . . .

FREEMAN, M. D. M. D. v. COHEN, 969 So. 2d 1150 (Fla. Dist. Ct. App. 2007)

. . . Stat. (2002); see also § 627.4147(3), Fla. . . . Trust, 591 So.2d 174 (Fla.1992); § 627.4147(1)(b)1., Fla. Stat. (2005)). . . . Shuster’s teaching was known to the Legislature when it adopted section 627.4147(1)(b)1. . . . It applies "to all policies issued or renewed after October 1, 2003.” § 627.4147(3), Fla. . . . See id.; § 627.4147(1)(b)1., Fla. Stat. (2003). . . . . right to settle this malpractice action without the permission of the insured, as set forth in section 627.4147 . . . Fla. 4th DCA 2007), in which I dissented, where the doctor sued for damages for violation of section 627.4147 . . .

G. ROGERS, M. D. v. CHICAGO INSURANCE COMPANY,, 964 So. 2d 280 (Fla. Dist. Ct. App. 2007)

. . . .” § 627.4147(l)(b)l., Fla. Stat. (emphasis added). In Unruh v. . . . The disputed section of 627.4147(1) was enacted as part of a major medical malpractice reform in 1985 . . . That expansion of the right of the insurer was made after the passage of section 627.4147(1) by the supreme . . . , which it could do under Shuster, but is not consistent, in my view, with its duties under section 627.4147 . . . The trial court dismissed the claim, finding that neither section 766.106 nor section 627.4147, upon . . . and violation of the duty of good faith settlement in the best interests of the insured under section 627.4147 . . . Neither this court nor the Florida Supreme Court determined what effect section 627.4147(1) would have . . . Thus, section 627.4147(1) requires malpractice insurance policies to grant the insurer the sole authority . . . objecting to the settlement of the malpractice claim, and this court held, without addressing section 627.4147 . . .

COHEN, v. FREEMAN, M. D. P. A., 914 So. 2d 449 (Fla. Dist. Ct. App. 2005)

. . . without considering the impact of higher premiums or damage to the insured’s reputation); see also § 627.4147 . . .

BABIC, M. D. M. D. P. A. a k a P. A. v. PHYSICIANS PROTECTIVE TRUST FUND, a H. M. D. F., 738 So. 2d 442 (Fla. Dist. Ct. App. 1999)

. . . Section 627.4147, Florida Statutes (1991), provides that it is against public policy for any medical . . .

M. SHUSTER, M. D. v. SOUTH BROWARD HOSPITAL DISTRICT PHYSICIANS PROFESSIONAL LIABILITY INSURANCE TRUST,, 591 So. 2d 174 (Fla. 1992)

. . . Therefore, subsection 627.4147(1), Florida Statutes (1985), which affects policies issued after that . . .

K. SHARPE, M. D. v. PHYSICIANS PROTECTIVE TRUST FUND,, 578 So. 2d 806 (Fla. Dist. Ct. App. 1991)

. . . Section 627.4147(l)(b), Florida Statutes (1985), contains the requirement that "any offer of admission . . .

M. SHUSTER, M. D. M. M. D. P. A. v. SOUTH BROWARD HOSPITAL DISTRICT PHYSICIANS PROFESSIONAL LIABILITY INSURANCE TRUST, a, 570 So. 2d 1362 (Fla. Dist. Ct. App. 1990)

. . . Appellants cite the amendment to section 627.4147(1), Florida Statutes (1985) regarding medical malpractice . . .