Florida Statute 627.635 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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627.635 Excess insurance.—

(1) No provision of this chapter shall be deemed to prohibit an insurer from issuing a health insurance policy as, or including in a policy a provision providing for, excess insurance; that is, to the effect that the insurer’s liability for benefits payable on account of expense incurred for any hospitalization, medical, surgical, and other services resulting from covered sickness or injury of the insured shall be limited to that part of that expense, if any, which is in excess of all benefits payable on account thereof by the same insurer under any other policy or policies covering the same insured and by all other insurers and service organizations by whom benefits are payable as to the same such expense.

(2) Any excess insurance policy, or any policy containing any excess insurance provision, shall have imprinted or stamped conspicuously upon the face thereof the designation “excess insurance” or appropriate words of similar import approved by the office.

History.—s. 578, ch. 59-205; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 484, 497, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318; s. 1149, ch. 2003-261.

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Amendments to 627.635

Annotations, Discussions, Cases:

Cases Citing Statute 627.635

Total Results: 4 | Sort by: Relevance | Newest First

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Brown v. Gulf Life Ins. Co., 343 So. 2d 91 (Fla. 3d DCA 1977).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 1977 Fla. App. LEXIS 15425

...Gulf Life under the special effect of no-fault auto insurance provision of its group policy denied the claim and Brown filed the instant action against Gulf Life. He contended that the above provision renders the policy "excess insurance" within the purview of Section 627.635, Florida Statutes (1975) [1] and that Gulf Life failed to comply *93 with section (2) thereof by failing to stamp conspicuously upon the face of the policy the designation "excess insurance" thereby rendering this provision void....

...y plainly excludes payment of benefits arising out of the no-fault type injury, unless that injury exceeds $5,000. In other words, this exclusion is merely a $5,000 deductible for this type of injury and is not excess insurance within the purview of Section 627.635(1), Florida Statutes (1975)....

...Earlie Brown's claim for $4,222.40 against Gulf Life having arisen out of injuries which are payable under no-fault benefits, the trial judge was eminently correct in entering summary judgment for Gulf Life. We have considered appellant's remaining point on appeal and find it without merit. Affirmed. NOTES [1] "627.635 Excess Insurance "(1) No provision of this chapter shall be deemed to prohibit an insurer from issuing a policy as, or including in a policy a provision providing for, excess insurance; that is, to the effect that the insurer's liability for...

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Jonas v. Cent. Life Assurance Co., 528 So. 2d 488 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1645, 1988 Fla. App. LEXIS 3003, 1988 WL 70664

...This is an appeal from a summary judgment which held that the coordination of benefits provision in appellee’s group medical insurance policy did not constitute “excess” insurance. Therefore, the insurer was not required to insert the words “excess insurance” on the face of the policy as required by section 627.635, Florida Statutes....

...onal injury protection benefits of their automobile insurance. *489 They also demanded duplicate payment from appellee. Central Life denied this claim except to the extent, if any, that the expenses were not paid by the automobile insurance carrier. Section 627.635, Florida Statutes, provides, in part: Excess insurance (1) No provision of this chapter shall be deemed to prohibit an insurer from issuing a health insurance policy as, or including in a policy a provision providing for, excess insur...

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Repub. Nat'l Life Ins. v. Hiatt, 400 So. 2d 854 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20530

policy “excess insurance” within the purview of Section 627.635, Florida Statutes (1975)1 and since the policy

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Christian v. Colonial Penn Ins. Co., 537 So. 2d 623 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 9, 1988 Fla. App. LEXIS 5581, 1988 WL 135345

...The exclusions make the automobile medical payments coverage excess to his health insurance coverage notwithstanding the requirements of section 627.736(4)(f), Florida Statutes (1985). The trial court held that the exclusion did not violate section 627.-736(4)(f). We disagree and reverse. Section 627.635, Florida Statutes (1985) permits, with certain express conditions, an excess insurance provision in a health insurance policy. See part IV. of *625 Chapter 627 entitled “HEALTH INSURANCE POLICIES.” However, we find no support for appellee’s position in section 627.635....

...Accordingly, we reverse the final declaratory judgment in favor of appellee and remand the cause to the trial court for entry of judgment in favor of appellant. REVERSED AND REMANDED. LETTS and GUNTHER, JJ., concur. . At oral argument, appellee abandoned its argument based on section 627.635.

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.