CopyPublished | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 16674, 1996 WL 650495
...s-Motion for Partial Summary Judgment, Plaintiffs response to the Cross-Motion, and all supporting documentation. In the instant case, Plaintiff asserts that the application of Dr. Mark J. Sweet is inadmissible as evidence pursuant to §
627.408 and §
627.452 of the Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 3236, 2006 WL 544542
...nd, as such, is governed by the statute of limitations period in section
95.11(3)(f), which states that actions founded on statutory liability must be commenced within four (4) years. Stone contends that his claim is for breach of a contract because section
627.452(1), Florida Statutes (1999), 1 mandates that section
627.4615 be included in the insurance contract....
...Conversely, Jackson argues that Stone’s claim for interest is not based on a contractual obligation because Stone’s complaint does not allege that any policy term was breached, but refers, instead, to the alleged violation of section
627.4615. Jackson also argues that section
627.452(1) does not mandate that section
627.4615 be included in the policy....
...Jackson contends that, since section
627.4615 does not contain language such as “shall be included,” mandating it to be included in the insurance policy, unlike other enumerated statutes, the court should not construe the policy as if it contained section
627.4615. 2 *534 Accordingly, under section
627.452(1), the statutory obligation concerning a lump sum death payment contained in section
627.4615 need not be -written into insurance policies as it is not “required ,by” section
627.4615. A plain reading of the words “as required by” in section
627.452(1) reveals that the insurer need only include those sections which are required by their language to" be included in the insurance policy....
...Additionally, it is important to distinguish the section at issue, which requires interest for lump sum benefits, with section
627.462, which applies to benefits paid in installments. Section
627.462, which is also one of the enumerated statutes under section
627.452(1), states that “a table showing the amount and period of such installments shall be included in the policy.” §
627.462, Fla....
...the policy, and that Stone’s claim was based on statutory liability. Accordingly, the four-year statute of limitations for statutory violations under section
95.11(3)(f) applies to this case. Stone’s complaint was properly dismissed. Affirmed. . Section
627.452(1) provides, in relevant part: No policy of life insurance ......
...shall be delivered or issued for delivery in this state unless it contains in substance each of the provisions as required by ss.
627.453-627.462 inclusive and ss.
627.475 and
627.476, or provisions which in the opinion of the office are more favorable to the policyholder. §
627.452(1), Fla....
