Florida/Georgia Personal Injury & Workers Compensation

...He further alleged that while Gulf Life had made payments until January 22, 1974, it had wrongfully withheld them since that time. In response to appellant’s complaint, ap-pellee filed an answer and then a motion for summary judgment. The trial court granted the motion, finding that Section 627.616, Florida Statutes (1977), barred appellant’s claim. Section 627.616, the language of which Gulf Life made a part of the insurance policy, provides that “627.616 Legal actions....

...Section 95.11(2), Florida Statutes (1975), is governing in this case. The defendant insurance company urges that a three year period of limitation contained in its policy is a bar to plaintiff’s action. The following provision of the policy tracks Section 627.616, Florida Statutes (1975): “10....

...Any provision in a contract fixing the period of time within which an action arising out of the contract may be begun at a time less than that provided by the applicable statute of limitations is void.” Appellant urges, however, that authority for the shorter period of limitation arises from Section 627.616, Florida Statutes (1975), which applies only to disability policies delivered to a person. That statute is as follows: “627.616 Legal actions....

...e the provisions of the insurance code applicable to it allow it to write a policy which is not less restrictive than a policy written under Part IV which pertains to individual policies, then it is by implication given the same benefit conferred by Section 627.616, Florida Statutes (1975), upon policies of individual insurance and which allows for a three year statute of limitations....

...ing the trial court’s final judgment. We find no merit in appellant’s contentions as to the first two points, and, therefore, AFFIRM as to them. Regarding the first point, appellant specifically argues that she was denied access to court in that Section 627.616, Florida Statutes, provides that legal actions to enforce individual disability policies may be filed 60 days after proof of loss with the carrier, and section 627.659(4) in turn prohibits any group policy from restricting the time in...

...comparable statutory provisions governing individual policies. Accordingly, appellant continues, the arbitration clause in the Metropolitan policy must be held invalid in that it provides less favorable terms for access to courts than is required by section 627.616....