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Florida Statute 627.419 - Full Text and Legal Analysis
Florida Statute 627.419 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXVII
INSURANCE
Chapter 627
INSURANCE RATES AND CONTRACTS
View Entire Chapter
627.419 Construction of policies.—
(1) Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefor or any rider or endorsement thereto.
(2) The word “physician” or “medical doctor,” when used in any health insurance policy, health care services plan, or other contract providing for the payment of surgical procedures which are specified in the policy or contract or are performed in an accredited hospital in consultation with a licensed physician and are within the scope of a dentist’s professional license, shall be construed to include a dentist who performs such specified procedures.
(3) Notwithstanding any other provision of law, when any health insurance policy, health care services plan, or other contract provides for the payment for procedures specified in the policy or contract which are within the scope of an optometrist’s or podiatric physician’s professional license, such policy shall be construed to include payment to an optometrist or podiatric physician who performs such procedures. In the case of podiatric services, such payments shall be made in accordance with the coverage now provided for medical and surgical benefits.
(4) Notwithstanding any other provision of law, when any health insurance policy, health care services plan, or other contract provides for the payment for medical expense benefits or procedures, such policy, plan, or contract shall be construed to include payment to a chiropractic physician who provides the medical service benefits or procedures which are within the scope of a chiropractic physician’s license. Any limitation or condition placed upon payment to, or upon services, diagnosis, or treatment by, any licensed physician shall apply equally to all licensed physicians without unfair discrimination to the usual and customary treatment procedures of any class of physicians.
(5) For purposes of coverage under a policy of disability income or credit disability insurance, no determination of disability shall be rejected solely on the basis of the chapter under which the physician is licensed; however, such determination may be rejected on the basis that the determination is outside the scope of the physician’s authorized practice. However, the insurance carrier shall have the option after 30 days of disability to seek a second physician’s opinion prior to paying additional benefits.
(6) Notwithstanding any other provision of law, when any health insurance policy, health care services plan, or other contract provides for payment for surgical first assisting benefits or services, the policy, plan, or contract is to be construed as providing for payment to a registered nurse first assistant or employers of a physician assistant or nurse first assistant who performs such services that are within the scope of a physician assistant’s or a registered nurse first assistant’s professional license. The provisions of this subsection apply only if reimbursement for an assisting physician, licensed under chapter 458 or chapter 459, would be covered and a physician assistant or a registered nurse first assistant who performs such services is used as a substitute.
(7) No health insurance policy, health care services plan, or other contract which provides coverage for any diagnostic or surgical procedure involving bones or joints of the skeleton shall discriminate against coverage for any similar diagnostic or surgical procedure involving bones or joints of the jaw and facial region, if, under accepted medical standards, such procedure or surgery is medically necessary to treat conditions caused by congenital or developmental deformity, disease, or injury. This subsection shall not be construed to affect any other coverage under this part or to restrict the scope of coverage under any policy, plan, or contract. Nothing in this subsection shall be construed to discourage appropriate nonsurgical procedures or to prohibit the continued coverage of nonsurgical procedures in the treatment of a bone or joint of the jaw and facial region. Furthermore, nothing in this subsection requires coverage for care or treatment of the teeth or gums, for intraoral prosthetic devices, or for surgical procedures for cosmetic purposes. This section does not apply to accident only, disability income, specified disease, hospital indemnity, credit, Medicare supplement, or long-term care insurance policies.
(8) If an insurer or licensee advertises an insurance policy in a language other than English, the advertisements shall not be construed to modify or change the insurance policy written in English. The advertisement must disclose that the policy written in English controls in the event of a dispute and that statements contained in the advertisement do not necessarily, as a result of possible linguistic differences, reflect the contents of the policy written in English. Nothing in this subsection shall affect the provisions of s. 626.9541 relating to misrepresentations and false advertising of insurance policies.
(9) With respect to any group or individual insurer covering dental services, each claimant, or dentist acting for a claimant, who has had a claim denied as not medically or dentally necessary or who has had a claim payment based on an alternate dental service in accordance with accepted dental standards for adequate and appropriate care must be provided an opportunity for an appeal to the insurer’s licensed dentist who is responsible for the medical necessity reviews under the plan or is a member of the plan’s peer review group. The appeal may be by telephone, and the insurer’s dentist must respond within a reasonable time, not to exceed 15 business days.
History.—s. 468, ch. 59-205; s. 1, ch. 69-245; ss. 1, 2, ch. 72-11; s. 163A, ch. 73-333; s. 1, ch. 74-34; s. 1, ch. 74-87; s. 1, ch. 76-167; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 371, 377, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 1, ch. 86-40; s. 3, ch. 90-255; s. 114, ch. 92-318; s. 5, ch. 94-96; s. 2, ch. 96-361; s. 1, ch. 97-5; s. 3, ch. 97-178; s. 223, ch. 98-166; s. 3, ch. 2001-176; s. 107, ch. 2001-277.
Note.—Former s. 627.0118.

F.S. 627.419 on Google Scholar

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Amendments to 627.419


Annotations, Discussions, Cases:

Cases Citing Statute 627.419

Total Results: 60  |  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

...ability 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. Cf. Section 627.419(1) Fla....
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Swire Pac. Holdings, Inc. v. Zurich Ins. Co., 845 So. 2d 161 (Fla. 2003).

Cited 122 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 307, 2003 Fla. LEXIS 499, 2003 WL 1833914

...4th DCA 2002). *166 Finally, we have consistently held that "in construing insurance policies, courts should read each policy as a whole, endeavoring to give every provision its full meaning and operative effect." Auto-Owners, 756 So.2d at 34; see also § 627.419(1), Fla....
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State Farm Fire & Cas. v. CTC Dev., 720 So. 2d 1072 (Fla. 1998).

Cited 101 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 527, 1998 Fla. LEXIS 1901, 1998 WL 696941

...4th DCA 1997), principles governing the construction of insurance contracts dictate that "[w]hen construing an insurance policy to determine coverage the pertinent provisions should be read in pari materia. " Nationwide Mut. Fire Ins. Co. v. Olah, 662 So.2d 980, 982 (Fla. 2d DCA 1995); see also § 627.419(1), Fla....
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Int'l Ins. Co., a Corp. v. Alfred M. Johns, James W. McFadden Thomas v. Ogletree, Richard W. Sherman, & G. Paul Whorton, 874 F.2d 1447 (11th Cir. 1989).

Cited 93 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 8140, 1989 WL 52414

...We now expound upon these conclusions in turn. 41 1. Principles of contract interpretation bar this court form 42 considering paragraph 5(b). 43 In Florida, a court must construe every insurance contract according to the entirety of its terms and conditions. Fla.Stat.Ann. Sec. 627.419(1) (West 1986)....
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Gen. Star Indem. Co. v. W. Fla. Vill. Inn, Inc., 874 So. 2d 26 (Fla. 2d DCA 2004).

Cited 34 times | Published | Florida 2nd District Court of Appeal | 2004 WL 912604

...he contract shall be construed according to the entirety of its terms as set forth in the policy and as amplified by the policy application, endorsements, or riders. Swire Pac. Holdings, Inc. v. Zurich Ins. Co., 845 So.2d 161, 166 (Fla.2003) (citing § 627.419(1), Fla....
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Ellenwood v. S. United Life Ins. Co., 373 So. 2d 392 (Fla. 1st DCA 1979).

Cited 26 times | Published | Florida 1st District Court of Appeal

...Gulf Exhibition Corp., 114 So.2d 27, 29 (Fla. 1st DCA 1959). This brings us to the next question whether, considering the commonly accepted rules governing the construction of contracts, the coverage clause of the policy was ambiguous? First, we are enjoined both by statute, Section 627.419(1), Florida Statutes (1977), and by case law, e.g., Price v....
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Linda Swerhun v. The Guardian Life Ins. Co. Of Am., 979 F.2d 195 (11th Cir. 1992).

Cited 26 times | Published | Court of Appeals for the Eleventh Circuit | 1992 U.S. App. LEXIS 32491, 1992 WL 348169

...In January 1991, Swerhun filed a two-count complaint in Florida state court. Count I alleged that Guardian had (1) breached its insurance contract by failing to recognize and pay Swerhun’s claims in a timely manner, and (2) construed its insurance policy contrary to the provisions of Fla.Stat.Ann. § 627.419(4)....
...Food Stores, Inc., 960 F.2d 1546, 1549-50 (11th Cir.1992) (ERISA preempts claim alleging “mishandling of benefits payments and failure to adhere to terms of [a] group policy”). Rather, Swerhun contends that she has alleged state statutory claims which survive ERISA's preemptive force. She asserts that section 627.419, which construes health insurance plans to include payments to chiropractors, and section 624.155, which provides damages for bad faith refusals, to settle claims, are laws “regulating insurance" and thus “saved” from ERISA preemption. We disagree. A. In count I of her complaint, Swer-hun alleged that Guardian breached its contract by failing to pay her claims in a timely manner, and violated section 627.419 by refusing to provide coverage for her chiropractic care....
...on law tort and contract actions asserting improper processing of a claim for benefits.” 481 U.S. at 57 , 107 S.Ct. at 1558 . To the extent that count I states a claim for breach of contract, it is preempted by ERISA. Swerhun argues, however, that section 627.419 is a law “which regulates insurance,” and thus “saved” from ERISA preemption. Section 627.419 declares that insurance policies must be construed to include chiropractic services and may very well be a law regulating insurance. Section 627.419, however, neither creates a private right of action nor is a necessary element of count I; count I is simply a breach of contract claim. Because the Florida statute through which Swerhun hopes to reach the saving clause is irrelevant, count I remains preempted. First, Swerhun has failed to establish that section 627.419 creates a private right of action enabling her to sue for violation of the statute....
...We noted our “reluc-tan[ce] to read private rights of action in state laws where state courts and state legislatures have not done so.” Id. at 795 (quoting A & E Supply Co., Inc. v. Nationwide Mut. Fire Ins. Co., 798 F.2d 669, 674 (4th Cir.1986), cert. denied, 479 U.S. 1091 , 107 S.Ct. 1302 , 94 L.Ed.2d 158 (1987)). Section 627.419’s plain language does not establish a private right of action, and we will not infer one.' Second, because Guardian’s policy covers chiropractic services, it is unnecessary to construe the policy to include such services under section - 627.419. Count I of Swer-hun’s complaint states a straightforward claim for breach of contract. Section 627.419 simply never comes into play. Even so, Swerhun maintains that section 627.419’s looming presence somehow converts her breach of contract claim into a claim that implicates a statutory concern, which she apparently believes is a different beast altogether. That section 627.419—mere surplusage though it is in this case—is a statute does not thwart ERISA’s preemptive force....
...does not diminish Anschultz’s validity. 6 III. ■ We conclude that ERISA preempts counts I and II of Swerhun’s complaint. Accordingly, we affirm the district court’s order dismissing this case. AFFIRMED, 1 . As it did when Swerhun filed her complaint, § 627.419(4) provides: Notwithstanding any other provision of law, when any health insurance policy, health care services plan, or other contract provides for the payment for medical expense benefits or procedures, such policy, plan, or contract shall be construed to include payment to a chiropractic physician who provides the medical service benefits or procedures which are *197 within the scope of a chiropractic physician’s license. Fla.Stat.Ann. § 627.419(4) (West Supp.1992)....
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Mathews v. Ranger Ins. Co., 281 So. 2d 345 (Fla. 1973).

Cited 23 times | Published | Supreme Court of Florida | 1973 Fla. LEXIS 5012

...In deciding that question, it is necessary to examine and construe the insurance contract, "... according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefor or any rider or endorsement thereto." (Emphasis supplied.) Section 627.419(1), Florida Statutes, [2] F.S.A....
...imed at providing insurance coverage for church members taking flying instructions. To hold that such coverage is not present now would be an absurd result disallowed by any reasonable construction of the policy as dictated by the provisions of F.S. Section 627.419(1), F.S.A....
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Weldon v. All Am. Life Ins. Co., 605 So. 2d 911 (Fla. 2d DCA 1992).

Cited 22 times | Published | Florida 2nd District Court of Appeal | 1992 Fla. App. LEXIS 9589, 1992 WL 220516

...olk County, Florida. The appellant evidently accepted All American's position concerning the policy definition of physical therapy but claimed that the exclusion provision, as so defined, discriminated against chiropractic physicians in violation of section 627.419(4), Florida Statutes (1987)....
...fairly discriminate against chiropractors as a class of physicians and entered a final judgment in favor of All American. This timely appeal followed. Appellant raises the question of whether two provisions of All American's insurance policy violate section 627.419(4)....
...She argues that since manipulation is the usual and customary treatment of chiropractic physicians when treating strains and sprains such as received by Amy Weldon, the limitation does not apply equally to all physicians and discriminates against chiropractors as a class of physicians in violation of section 627.419(4)....
...All American's policy provides that any provision of the policy which, on its effective date, is in conflict with the statutes of the state in which the policyholder is located on such date is hereby amended to conform to the minimum requirements. Although section 627.419(4) was not in existence at the time All American's policy form was approved in the state of Florida, approval had been renewed after the statute was passed and was part of Florida's statutory law at the time the policy became effective between All American and Amy Weldon. We must, therefore, construe the policy in light of that statute. See United States Fire Ins. Co. v. Van Iderstyne, 347 So.2d 672 (Fla. 4th DCA 1977). Under this court's interpretation of the policy, section 627.419(4) is not involved and the question of unfair discrimination is removed from our consideration....
...Parker's chiropractic adjustments and five physical therapy treatments given in connection with those treatments. Reversed and remanded with instructions. CAMPBELL, A.C.J., and HALL, J., concur. NOTES [1] Since we find that the policy, when properly interpreted, does not violate section 627.419(4) we will not discuss its constitutionality in this opinion....
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Ernie Haire Ford, Inc. v. Universal Underwriters Ins., 541 F. Supp. 2d 1295 (M.D. Fla. 2008).

Cited 16 times | Published | District Court, M.D. Florida

...In fact, exclusionary clauses are construed even more strictly against the insurer than coverage clauses." Id. (citations omitted). "[I]n construing insurance policies, courts should read each policy as a whole, endeavoring to give every provision its full meaning and operative effect." Id. ; see also § 627.419(1), Fla....
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First Prof'l Ins. Co. v. Mckinney, 973 So. 2d 510 (Fla. 1st DCA 2007).

Cited 11 times | Published | Florida 1st District Court of Appeal | 2007 WL 4372744

...requires the insurer to provide coverage, and the ruling on the motion for *514 partial summary judgment. See Am. Strategic Ins. Co. v. Lucas-Solomon, 927 So.2d 184, 186 (Fla. 2d DCA 2006); Barrier v. Rainey, 890 So.2d 357, 359 (Fla. 1st DCA 2004). Section 627.419(1), Florida Statutes (2000), states: Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefor or any rider or endorsement thereto....
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State Farm Mut. Auto. Ins. v. Mashburn, 15 So. 3d 701 (Fla. 1st DCA 2009).

Cited 10 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 8486, 2009 WL 1856046

...ontract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefor or any rider or endorsement thereto." McKinney, 973 So.2d at 514 (quoting § 627.419(1), Fla....
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Westport Ins. Corp. v. VN HOTEL Grp., LLC, 761 F. Supp. 2d 1337 (M.D. Fla. 2010).

Cited 9 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 140914, 2010 WL 5652435

..."[E]xclusionary clauses are construed even more strictly against the insurer than coverage clauses." Id. (citations omitted). "[I]n construing insurance policies, courts should read each policy as a whole, endeavoring to give every provision its full meaning and operative effect" Id.; see also § 627.419(1), Fla....
...on. The broad realm of "pollutants" under Waserstein is too far afield from the enumerated examples of "pollutants" —smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste—to support adoption of Waserstein's reasoning. (Policy at 15); see § 627.419(1), Fla....
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Penzer v. Transp. Ins., 545 F.3d 1303 (11th Cir. 2008).

Cited 8 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 22055, 2008 WL 4662164

...Generally, under Florida law, “in construing insurance policies, courts should read each policy as a whole, endeavoring to give every provision its full meaning and operative effect.” Auto-Owners Ins. Co. v. Anderson, 756 So.2d 29, 34 (Fla.2000); see also Fla. Stat. § 627.419 (1) (“Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy.”)....
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Hepler v. Atlas Mut. Ins. Co., 501 So. 2d 681 (Fla. 1st DCA 1987).

Cited 8 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 322

...But the cited cases do not control the precise question before us. Here the insurance company admits that no notice of *687 renewal premium was ever sent to the insured, and we distinguish the cited cases for this reason. In analyzing the policy provisions, we must comply with the requirement in section 627.419(1) that "every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefor or any rider or endorsement ther...
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Walker v. State Farm Fire & Cas. Co., 758 So. 2d 1161 (Fla. 4th DCA 2000).

Cited 8 times | Published | Florida 4th District Court of Appeal | 2000 WL 390290

...re." Id. We find that the term "coins" as used in the policy means exactly that. There is no separate distinction for coins used as currency or rare, collectible coins. Insurance contracts are to be reviewed as a whole, viewing all words in context. § 627.419(1), Fla....
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Tdc v. Hma, 943 So. 2d 807 (Fla. 2d DCA 2006).

Cited 6 times | Published | Florida 2nd District Court of Appeal

...hall be construed according to the entirety of its terms . . . *810 as set forth in the policy and as amplified" by the policy application, endorsements, or riders. Swire Pac. Holdings, Inc. v. Zurich Ins. Co., 845 So.2d 161, 166 (Fla.2003) (quoting § 627.419(1), Fla....
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Princeton Express v. DM Ventures USA LLC, 209 F. Supp. 3d 1252 (S.D. Fla. 2016).

Cited 6 times | Published | District Court, S.D. Florida | 2016 U.S. Dist. LEXIS 98740, 2016 WL 3950933

...“Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application thereof or any rider *1256 or endorsement thereto.” Fla. Stat. § 627.419 ....
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Barcelona Hotel, LLC v. Nova Cas. Co., 57 So. 3d 228 (Fla. 3d DCA 2011).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 2653, 2011 WL 709992

...ffect.” Auto-Owners Ins. Co. v. Anderson, 756 So.2d 29, 34 (Fla.2000) (holding that the court “must read [the pertinent] clause in conjunction with the entire policy, including the ... coverage provision and the policy declarations”); see also § 627.419(1), Fla....
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State Farm Mut. Auto. Ins. v. Mallard, 548 So. 2d 733 (Fla. 3d DCA 1989).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 1977, 1989 Fla. App. LEXIS 4715, 1989 WL 97669

...To extend the protection (1) the applications submitted by the parents must amplify, extend, or modify the policy to reflect such coverage; or (2) the information on the declarations page, construed together with the wording of the policy, must grant her *735 coverage. We hold coverage exists under both alternative prongs. Section 627.419(1), Florida Statutes (1987) provides: Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefor or any rider or endorsement thereto....
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St. Paul Guardian Ins. v. Canterbury Sch., 548 So. 2d 1159 (Fla. 2d DCA 1989).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 14 Fla. L. Weekly 1907, 1989 Fla. App. LEXIS 4556, 1989 WL 89673

...f coverage. Rather, the "insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefor or any rider or endorsement thereto." § 627.419(1), Fla....
...When one considers the entire policy along with the application for insurance and gives effect to every provision thereof, any apparent ambiguity regarding Item 1 of the declarations and the policy's definition of an insured is clarified. See Treasure Salvors; § 627.419(1)....
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United Servs. Auto. Ass'n v. McCray, 348 So. 2d 6 (Fla. 3d DCA 1977).

Cited 4 times | Published | Florida 3rd District Court of Appeal

...tes an ambiguity, and the policy should be construed according to the entirety of its terms as set forth therein and as amplified by any endorsement thereto. See Feldman v. Central National Insurance Co. of Omaha, 279 So.2d 897 (Fla.3d DCA 1973) and Section 627.419(1), Florida Statutes (1975)....
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Penzer v. Transp. Ins., 509 F. Supp. 2d 1278 (S.D. Fla. 2007).

Cited 4 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 72845, 2007 WL 2713594

..."plain language" of the document. The policy is "read as a whole," endeavoring to "give every provision its full meaning and operative effect." Swire Pacific Holdings, Inc. v. Zurich Ins. Co., 845 So.2d 161, 165, 166 (Fla.2003). See also Fla. Stat. § 627.419(1) ("Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy[.]"); Duran v....
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Keenan Hopkins Schmidt & Stowell Contractors, Inc. v. Cont'l Cas. Co., 653 F. Supp. 2d 1255 (M.D. Fla. 2009).

Cited 3 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 78278

...1997); see also United Services Auto. Ass'n v. McCray, 348 So.2d 6, 8 (Fla.3d Dist.Ct.App.1977) (noting that an insurance policy "should be construed according to the entirety of its terms as set forth therein and as amplified by any endorsement thereto" (citing Fla. Stat. § 627.419(1)))....
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Dickson v. Econ. Premier Assurance Co., 36 So. 3d 789 (Fla. 5th DCA 2010).

Cited 3 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 6959, 2010 WL 1923960

...Likewise, provisions limiting or excluding coverage are construed liberally in favor of the insured and strictly against the insurer. Id. Finally, courts should not construe insurance policy provisions in isolation, but instead in light of the policy as a whole, giving every provision its full meaning and operative effect. § 627.419(1), Fla....
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Am. Empire Surplus Lines Ins. v. Chabad House of North Dade, Inc., 771 F. Supp. 2d 1336 (S.D. Fla. 2011).

Cited 3 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 28844, 2011 WL 1085558

...A second rule of construction, which the Does tips in their favor, is that "when construing an insurance policy to determine coverage[,] the pertinent provisions should be read in pari materia." State Farm Fire and Casualty Co. v. CTC Dev. Corp., 720 So.2d 1072, 1075 (Fla.1998); see also Fla. Stat. Ann. § 627.419(1) ("Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefor or any rider or endorsement thereto.") Th...
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Prud. Prop. & Cas. Ins. v. Bonnema, 601 So. 2d 269 (Fla. 5th DCA 1992).

Cited 3 times | Published | Florida 5th District Court of Appeal | 1992 WL 118353

...to nor approved by the Department of Insurance as required by section 627.410, Florida Statutes (Supp. 1990). An insurance policy must be read in its entirety for a determination of coverage. Both the legislature and the courts have made this clear. Section 627.419(1), Florida Statutes (Supp....
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Nugget Oil, Inc. v. Universal SEC. Ins. Co., 584 So. 2d 1068 (Fla. 1st DCA 1991).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 146632

...ication and that when so read, the language, "various at all locations" extended coverage to all of Nugget's Florida locations. We agree with the trial court that the insurance contract at issue here must be read in conjunction with the application. Section 627.419(1), Florida Statutes, provides, *1070 "Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefor or...
...the policy together with the application form the contract of insurance." Mathews v. Ranger Ins. Co., 281 So.2d 345, 348 (Fla. 1973). See also, Quick v. National Indem. Co., 231 So.2d 22, 25 (Fla. 4th DCA 1970) (construing § 627.0118, renumbered as § 627.419(1)); State Farm Mut....
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Med Imaging Ctr., Inc. v. Allstate Ins., 818 F. Supp. 333 (M.D. Fla. 1993).

Cited 3 times | Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 5226, 1993 WL 125142

...Although the policy in this case may contain the language "subject to the agreements and conditions applicable to Coverage A," it continues on to state "except as otherwise provided." In that the interpretation of an insurance policy should be made based on the policy as a whole, § 627.419(1), Florida Statutes, this "except" clause is as much an integral part of the policy as is the "subject to" clause....
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Itnor Corp. v. Markel Intern. Ins. Co., 981 So. 2d 661 (Fla. 3d DCA 2008).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 7212, 2008 WL 2120826

...Therefore, we agree with Markel. Courts must construe insurance contracts in accordance with their plain meaning. Taurus Holdings, Inc. v. U.S. Fid. & Guar. Co., 913 So.2d 528, 532 (Fla. 2005). Moreover, an insurance contract must be read as a whole. § 627.419(1), Fla....
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First Prot. Ins. Co. v. Featherston, 906 So. 2d 1242 (Fla. 2d DCA 2005).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1761937

...Aberdeen at Ormond Beach, L.P., 760 So.2d 126, 130-31 (Fla.2000). Moreover, the construction of an insurance policy to identify the scope of coverage is a question of law subject to de novo review on appeal. Jones v. Utica Mut. Ins. Co., 463 So.2d 1153, 1157 (Fla.1985). Section 627.419(1), Florida Statutes (1999), provides that "[e]very insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, *1245 extended, or modified by any applicatio...
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Landmark Am. Ins. Co. v. Pin-Pon Corp. & Lexington Ins. Co., 155 So. 3d 432 (Fla. 4th DCA 2015).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 189, 2015 WL 71849

...Co., 845 So. 2d 161, 165 (Fla. 2003). “[I]n construing insurance policies, courts should read each policy as a whole, endeavoring to give every provision its full meaning and operative effect.” Auto-Owners Ins. Co. v. Anderson, 756 So. 2d 29, 34 (Fla. 2000). Indeed, section 627.419(1), Florida Statutes (2004), requires that “[e]very insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by ....
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CTC Dev. Corp. v. State Farm, 704 So. 2d 579 (Fla. 1st DCA 1997).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1997 WL 525237

...he Gerrits policy, I find the coverage provisions of the policy in Gerrits clearly distinguishable from the provisions in Grissom and the instant case. NOTES [1] In the State Farm policy, defined terms are printed in bold type face. [1] As stated in section 627.419(1), Florida Statutes (1995), governing construction of policies: Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefor or any rider or endorsement thereto....
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Essex Ins. v. Zota, 607 F. Supp. 2d 1340 (S.D. Fla. 2009).

Cited 1 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 29108, 2009 WL 959917

...parties.'" Swire Pac. Holdings, Inc. v. Zurich Ins. Co., 845 So.2d 161, 165 (Fla.2003) (citing Excelsior Ins. Co. v. Pomona Park Bar & Package Store, 369 So.2d 938, 942 (Fla.1979)). In Florida, insurance policies must be read as a whole. Fla. Stat. § 627.419(1); see also Mathews v....
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Ins. Co. of North Am. v. Coates, 318 So. 2d 474 (Fla. Dist. Ct. App. 1975).

Published | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15200

...Accordingly, we reverse the judgment of the trial court. Red Barn accepted its policy from INA with knowledge of the endorse *476 ment excluding coverage as to any vehicle operated by Jones. 1 It is basic that such policy must be construed as modified by the exclusionary endorsement. Fla.Stat. § 627.419(1)....
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Upright Open Mri, LLC a/a/o Virginia Jurado v. Infinity Auto Ins. Co. (Fla. Dist. Ct. App. 2020).

Published | District Court of Appeal of Florida

114 So. 3d 286, 288 (Fla. 4th DCA 2013). Section 627.419(1), Florida Statutes (2018), requires every
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The Doctors Co. v. Health Mgmt. Assocs., Inc., 943 So. 2d 807 (Fla. 2d DCA 2006).

Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 15191

...hall be construed according to the entirety of its terms ... *810 as set forth in the policy and as amplified” by the policy application, endorsements, or riders. Swire Pac. Holdings, Inc. v. Zurich Ins. Co., 845 So.2d 161, 166 (Fla.2003) (quoting § 627.419(1), Fla....
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PENZER v. Transp. Ins. Co., 605 F.3d 1112 (11th Cir. 2008).

Published | Court of Appeals for the Eleventh Circuit | 2010 WL 1850194

...Generally, 4 under Florida law, “in construing insurance policies, courts should read each policy as a whole, endeavoring to give every provision its full meaning and operative effect.” Auto-Owners Ins. Co. v. Anderson, 756 So. 2d 29, 34 (Fla. 2000); see also Fla. Stat § 627.419(1) (“Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy.”)....
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People's Trust Ins. Co. v. Paul Gunnsser (Fla. 6th DCA 2023).

Published | Florida 6th District Court of Appeal

...See Auto-Owners Ins., 756 So. 2d at 34. We read the policy as a whole, endeavoring to give each provision its full meaning and operative effect. See U.S. Fire Ins. v. 8 J.S.U.B., Inc., 979 So. 2d 871, 877 (Fla. 2007); see § 627.419(1), Fla....
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Nat'l Union Fire Ins. Co. of Pittsburgh, P.A. v. Underwriters at Lloyd's, London, 971 So. 2d 885 (Fla. 3d DCA 2007).

Published | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 18750, 2007 WL 4179675

...ract is a question for the jury rather than for the court). An insurance policy is construed as a whole according to its plain and unambiguous terms. See Nugget Oil, Inc. v. Universal Sec. Ins. Co., 584 So.2d 1068, 1070 (Fla. 1st DCA 1991); see also § 627.419(1), Fla....
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A & M Gerber Chiropractic LLC v. GEICO Gen. Ins. Co., 291 F. Supp. 3d 1318 (S.D. Fla. 2017).

Published | District Court, S.D. Florida

any rider or endorsement thereto." Fla. Stat. § 627.419(1). The parties are in agreement that the FLPIP
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Marisol Rosa Vs Safepoint Ins. Co. (Fla. 5th DCA 2022).

Published | Florida 5th District Court of Appeal

...McIntosh Revocable Living Tr., 310 So. 3d 500, 502 (Fla. 5th DCA 2020). The guiding principle for insurance policy interpretation is that the policy must be read as a whole, affording words their plain meaning as bargained for by the parties. See § 627.419(1), Fla....
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Metro. Life Ins. Co. v. Daniels, 745 So. 2d 1062 (Fla. 1st DCA 1999).

Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 14805, 1999 WL 1016239

together with the permanent policy, because of section 627.419(1), Florida Statutes, which provides: Every
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Spartan Servs. Corp. v. People's Trust Ins. Co. (Fla. 3d DCA 2025).

Published | Florida 3rd District Court of Appeal

bargained for by the parties.”) (citing first § 627.419(1), Fla. Stat. (2016) (requiring every insurance
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Prime Prop. & Cas. Ins. Co. v. Kepali Grp., Inc. (11th Cir. 2025).

Published | Court of Appeals for the Eleventh Circuit

Argued: Mar 6, 2025

...“In construing insurance con- tracts, courts should read each policy as a whole, endeavoring to give every provision its full meaning and operative effect.” Wash. Nat’l Ins. Corp. v. Ruderman, 117 So.3d 943, 948 (Fla. 2013). See also Fla. Stat. § 627.419(1) (“Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy[.]”)....
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Tudor Ins. Co. v. Am. Cas. Co. of Reading Pennsylvania, 274 F. Supp. 3d 1278 (N.D. Fla. 2017).

Published | District Court, N.D. Florida

...Also, the policy must be construed as a whole, giving each provision its full meaning and effect. See Auto-Owners Ins. Co. v. Anderson, 756 So.2d 29, 34 (Fla. 2000); Boardman Petroleum, Inc. v. Federated Mut. Ins. Co., 269 Ga. 326 , 498 S.E.2d 492, 494 (1998) see also Fla. Stat. § 627.419 (1); O.C.G.A § 13-2-2(4)....
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Zenith Ins. Co. v. Com. Forming Corp., 850 So. 2d 568 (Fla. 2d DCA 2003).

Published | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 8250, 2003 WL 21275973

...*570 Florida law provides that an insurance contract is to be “construed according to the entirety óf its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefor or any rider or endorsement thereto-.” § 627.419(1), Fla....
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Geico Indem. Co. v. Muransky Chiropractic P.A. a/a/o Carlos Dieste (Fla. 4th DCA 2021).

Published | Florida 4th District Court of Appeal

...” Id. at 569–70 (quoting Travelers Indem. Co. v. PCR, Inc., 889 So. 2d 779, 785 (Fla. 2004)). In doing so, we consider whether the policy was “amplified, extended, or modified by any application therefor or any rider or endorsement thereto.” § 627.419(1), Fla....
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Catalina West Homeowners Ass'n, Inc. v. First Cmty. Ins. Co. (Fla. 3d DCA 2025).

Published | Florida 3rd District Court of Appeal

...This is an objective pursuit, not subjective. Advisory Op. to Governor re Implementation of Amend. 4, The Voting Restoration Amend., 288 So. 3d 1070, 1078 (Fla. 2020). We construe those words according to their plain meaning and view them in context of the policy as a whole. § 627.419(1), Fla....
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Jacob Horn v. Liberty Ins. Underwriters, Inc. (11th Cir. 2021).

Published | Court of Appeals for the Eleventh Circuit

...policy in this case. Under Florida law, we read iCan’s insurance policy “as a whole, endeavoring to give every provision its full meaning and operative effect.” Auto–Owners Ins. Co. v. Anderson, 756 So. 2d 29, 34 (Fla. 2000); see also Fla. Stat. § 627.419(1) (“Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy[.]”)....
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Petrulis v. Owners Ins., 779 So. 2d 307 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 10078, 1999 WL 542198

...Thus, although it is clear that fine art, stamps and coins, are excluded from the list of miscellaneous property, one is left to guess as to the items that might fall within the category. Insurance contracts are reviewed as a whole, viewing all words in context. See § 627.419(1), Fla....
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S. Owners Ins. Co. v. Cooperativa De Seguros Multiples, 143 So. 3d 439 (Fla. 5th DCA 2014).

Published | Florida 5th District Court of Appeal

...court and the analysis in the majority opinion erroneously focus solely on the term 12 “ownership” in isolation.5 It is improper to consider chosen phraseology of a policy in isolation to the rest of the provisions. § 627.419(1), Fla....
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Scottsdale Ins. Co. v. Outrigger Beach Club Condo. Ass'n, Inc., 304 F. Supp. 3d 1208 (M.D. Fla. 2018).

Published | District Court, M.D. Florida

...v. CTC Dev. Corp. , 720 So.2d 1072 , 1075 (Fla. 1998). While exclusionary clauses cannot be relied on to create coverage, an insurance policy should be read in "the entirety of its terms and conditions." CTC Dev. Corp. , 720 So.2d at 1075 ; see also § 627.419(1), Fla....
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Steadfast Ins. Co. v. Celebration Source, Inc., 240 F. Supp. 3d 1295 (S.D. Fla. 2017).

Published | District Court, S.D. Florida | 2017 WL 416118, 2017 U.S. Dist. LEXIS 130811

...(Id.) As Steadfast notes, “[e]very insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefor or any rider or endorsement thereto.” Fla. Stat. § 627.419 (2010)....
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Illinois Mut. Life & Cas. Co. v. Stein, 379 So. 2d 449 (Fla. 4th DCA 1980).

Published | Florida 4th District Court of Appeal | 1980 Fla. App. LEXIS 23333

Myles, 347 So.2d 1060 (Fla. 1st DCA 1977); Section 627.419(2), Florida Statutes (1977).
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Nat'l Union Fire Ins. Co. v. Chase, 575 So. 2d 720 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 1325, 1991 WL 18246

...Thus, it follows that when the insured exercises the option to reject such coverage by signing a written rejection, the coverage does not exist. The written rejection, like an application, amplifies the terms of the policy and also makes up part of the entire contract. § 627.419(1), Fla.Stat....
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Extreme Emergency Fire & Water Restoration LLC v. Certain Underwriters at Lloyd's of London (Fla. 3d DCA 2020).

Published | Florida 3rd District Court of Appeal

...for insurance, rather than in the insurance policy itself. Extreme contends, and we agree, that this is merely a distinction without a difference. After all, it is the insurance application and the insurance policy which together constitute the insurance contract. See § 627.419(1), Fla....
...the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefor or any rider or endorsement thereto”); Mathews v. Ranger Ins. Co., 281 So. 2d 345, 348 (Fla.1973)(construing section 627.419(1) to mean: “The application thus becomes a part of the agreement between the parties and the policy together with the application form the contract of insurance”); Gainsco v....
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AAA Life Ins. Co. v. Nicolas, 603 So. 2d 622 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 8409, 1992 WL 185032

...Rather, the “insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefore or any rider or endorsement thereto.” St. Paul Guardian, 548 So.2d at 1160 (quoting § 627.419(1), Fla.Stat....
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Elizabeth Fojon v. Ascendant Com. Ins. Co. (Fla. 3d DCA 2024).

Published | Florida 3rd District Court of Appeal

...State Farm Florida Ins. Co., 356 So. 3d 771, 774 (Fla. 2023); see also State Farm Mut. Auto. Ins. Co. v. Menendez, 70 So. 3d 566, 569 (Fla. 2011) (“In interpreting an insurance contract, we are bound by the plain meaning of the contract’s text.”); § 627.419(1), Fla....
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Shiloh Christian Ctr. v. Aspen Specialty Ins. Co. (11th Cir. 2023).

Published | Court of Appeals for the Eleventh Circuit

Argued: Jan 26, 2023

...To be sure, Florida law permits reviewing courts to ven- ture outside the policy’s four corners in limited circumstances—to consider, for instance, whether an insured’s “application” should be understood to “amplif[y], extend[], or modif[y]” the policy. Fla. Stat. § 627.419(1)....
...See Mathews v. Ranger Ins. Co., 281 So. 2d 345, 349 (Fla. 1973) (“[T]he general rule” is that “the provisions of the policy [] govern where conflict exists between the provisions of the application and the policy.”) (interpreting § 627.419(1)). Beyond those basics, Florida law prescribes more particular rules for the interpretation of ambiguous and unambiguous insur- ance policies....
...14 Opinion of the Court 22-11776 Nor, anticipating a second response, are we persuaded that Shiloh “amplified” or “modified” the Irma Policy within the mean- ing of Fla. Stat. § 627.419(1) by scribbling “EX wind” on its applica- tion....
...Moreover, even if it did, it wouldn’t matter be- cause, as already explained, Florida law provides that “the policy . . . govern[s] where conflict exists between the provisions of the application and the policy.” Mathews, 281 So. 2d at 349 (interpret- ing § 627.419(1))....

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.