CopyCited 80 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 395, 2012 WL 1947863, 2012 Fla. LEXIS 1063
...ly state that a violation of the statute would render the policy provision invalid or void. See, e.g., §
627.6474, Fla. Stat. (2009) (“Any contract provision that violates this section [about health insurance provider contracts] is void.”); id. §
627.415 (“Any policy provision in violation of this section [about charter, bylaw provisions] is invalid.”)....
...See §
627.418(1), Fla. Stat. (2009) (“Any insurance policy, rider, or endorsement otherwise valid which contains any condition or provision not in compliance with the requirements of this code shall not be thereby rendered invalid, except as provided in s.
627.415, but shall be construed and applied in accordance with such conditions and provisions as would have applied had such policy, rider, or endorsement been in full compliance ■with this code.”)....
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 10742, 2015 WL 3894722
...Section
627.418(1) states,
Any insurance policy, rider, or endorsement otherwise valid
which contains any condition or provision not in compliance with the
requirements of this code shall not be thereby rendered invalid, except
as provided in s.
627.415,6 but shall be construed and applied in
accordance with such conditions and provisions as would have
applied had such policy, rider, or endorsement been in full compliance
with this code....
...The only plausible reading of §
627.418(1) is that where a policy provides
coverage beyond any limitation in the code, the court must enforce the terms of the
contract as written unless the code expressly authorizes other penalties.
6
Florida Statutes §
627.415 is inapplicable here....
...That section prohibits insurers from
issuing policies “purporting to make any portion of the charter, bylaws, or other constituent
document of the insurer . . . a part of the contract unless such portion is set forth in full in the
policy.” Fla. Stat. §
627.415.
18
Case: 14-13478 Date Filed: 06/25/2015 Page: 19 of 23
The first sentence of §
627.418(1) governs situations where an insurer issues
a policy providing less than the minimum coverage required by law....
CopyCited 8 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 91826, 2007 WL 4531971
...In several sections, the legislature expressly states that a violation of the statute results in the policy provision being rendered invalid and/or void. See, e.g., Section
627.6474 (stating that "[a]ny contract provision that violates this section [about health insurance provider contracts] is void."); Section
627.415 (stating that "[a]ny policy provision in violation of this section [about charter, bylaw provisions] is invalid.")....
...Specifically, Section
627.418(1) states that: [a]ny insurance policy, rider, or endorsement otherwise valid which contains any condition or provision not in compliance with the requirements of this code shall not be thereby rendered invalid, except as provided in s.
627.415, but shall be construed and applied in accordance with such conditions and provisions as would have applied had such policy, rider, or endorsement been in full compliance with this code....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 4120351, 2012 U.S. App. LEXIS 19814
...Insurance Code, which expressly state that a violation of the statute would render
the policy provision invalid or void. See, e.g., §
627.6474, Fla. Stat. (2009) (“Any
contract provision that violates this section [about health insurance provider
contracts] is void.”); id. §
627.415 (“Any policy provision in violation of this
section [about charter, bylaw provisions] is invalid.”)....
...See §
627.418(1), Fla. Stat. (2009) (“Any insurance policy, rider, or endorsement
otherwise valid which contains any condition or provision not in compliance with
the requirements of this code shall not be thereby rendered invalid, except as
provided in s.
627.415, but shall be construed and applied in accordance with
such conditions and provisions as would have applied had such policy, rider, or
endorsement been in full compliance with this code.”).
Thus, the Insurance Code supports the...
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
then in force in regard thereto.[1] Accordingly, § 627.0415, Fla. Stat., F.S.A., became a part of the contract
CopyCited 2 times | Published | District Court, S.D. Florida | 2009 WL 2482162, 2009 U.S. Dist. LEXIS 75319
...For example, "[i]n several sections, the legislature expressly states that a violation of the statute results in the policy provision being rendered invalid and/or void. See, e.g., Section
627.6474 (stating that "[a]ny contract provision that violates this section [about health insurance provider contracts] is void."); Section
627.415 (stating that "[a]ny policy provision in violation of this section [about charter, bylaw provisions] is invalid.")." Chalfonte,
526 F.Supp.2d at 1256....
...Moreover, "Section
627.418(1) states that: [a]ny insurance policy, rider, or endorsement otherwise valid which contains any condition or provision not in compliance with the requirements of this code shall not be thereby rendered invalid, except as provided in s.
627.415, but shall be construed and applied in accordance with such conditions and provisions as would have applied had such policy, rider, or endorsement been in full compliance with this code." Id....
CopyPublished | District Court, S.D. Florida | 2012 WL 5195944
...Stat. §
627.418 (2011) provides: Any insurance policy, rider, or endorsement otherwise valid which contains any condition or provision not in compliance with the requirements of this code shall not be thereby rendered invalid, except as provided in section
627.415, but shall be construed and applied in accordance with such conditions and provisions as would have been applied had such policy, rider or endorsement been in full compliance with this code....
