CopyCited 9 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 24485, 2005 WL 2675208
...shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable endorsements as are designated in the binder, except as superseded by the clear and express terms of the binder." Fla. Stat. § 627.420....
...Here, however, the binder does not designate any specific endorsements, and only contains the phrase "Exclusions/Amendments as per quote." (Dkt. 107 at 10). Underwriters contends that the binder includes the cross-liability exclusion because it was a "usual term" of the policy under Fla. Stat. § 627.420....
...The court held that to the extent an endorsement is inconsistent with the body of an insurance policy, the endorsement controls. Id. at 379. [9] Steuart Petroleum simply did not consider whether an endorsement could be a "usual term" for inclusion in a binder under Fla. Stat. § 627.420....
...102-2 at 22, 24). Mr. Anderson's testimony that IEBS issued three prior policies containing the cross-liability exclusion to JLB is not contested. [13] *1149 The parties have not cited, and the court has not located, any reported decisions discussing Fla. Stat. § 627.420....
...Underwriters has produced undisputed evidence that the cross-liability exclusion was a usual term of the policies issued by its broker to STD's insurance broker. Thus the binder in effect at the time of the accident is deemed to include the exclusion. See Fla. Stat. § 627.420....
...The existence of slight factual disputes will not defeat an otherwise properly supported motion for summary judgment. Liberty Lobby,
477 U.S. at 247-48,
106 S.Ct. 2505. [14] The Court analyzed the binder under statutory language identical to Fla. Stat. §
627.420....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 322
..., not just those cases covered by section
627.728. Although no notice of cancellation or nonrenewal of insurance binders for sixty days or less need generally be given by the insurer, in 1985 an express exception to this general rule was included in section
627.420....
...provision does indicate the legislature's continuing concern for protecting holders of automobile insurance against unknowing loss or termination of insurance coverage. § 67, ch. 82-386, Laws of Florida. This exception appears to have been moved to section
627.420 concurrent with the 1985 amendment of section
627.7281, which excluded binders not having a duration exceeding sixty days from the definition of "policy," as used in this section....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...and strictly against the party preparing the contract, in this instance the defendant. (18 Fla.Jur., Insurance, § 407 and the many cases therein cited; Firemans Fund Ins. Co. of San Francisco, Cal. v. Boyd, Fla. 1950,
45 So.2d 499) Florida Statute
627.420, F.S.A., is clear authority for issuance and recognition of binders of insurance....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 20016, 2009 WL 4927917
...uthorized insurers and to place such coverages with authorized insurers as to which the licensee is not licensed as an agent." §
626.914(1), Fla. Stat. (2008). [2] This circumstance is typically addressed by the issuance of a binder to the insured. Section
627.420, Florida Statutes (2009), provides that binders "shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable endorsements as are designated in the binder, except as super...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 4809, 2011 WL 1262160
...None of the policies previously issued to JN included this exclusion. Therefore, JN was unaware of the new endorsement. On January 16, 2007, JN renewed its insurance policy with U.S. over the phone, thereby creating a temporary insurance binder, pursuant to section 627.420, Florida Statutes (2006)....
...Silence, under circumstances in which there is a duty to speak, may constitute a misrepresentation. Lloyds,
25 So.3d at 93 . If an insurer includes a new or unusual term when orally binding a renewal policy, it has the duty to advise its insured of the change. See §
627.420 (stating that an oral binder includes the usual terms of the policy)....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 3091, 1990 WL 57797
...Interim insurance contracts are commonly referred to as “binders” and are deemed by statute to include all the usual terms of the policy for which the binder was given, together with any additional terms agreed to but minus any of the usual terms of the policy which were specifically excluded by the terms of the binder. § 627.420, Fla.Stat....
