CopyCited 96 times | Published | Court of Appeals for the Eleventh Circuit | 56 Fed. R. Serv. 3d 506, 2003 U.S. App. LEXIS 16179, 16 Fla. L. Weekly Fed. C 969
...ed that
Appellants violated Florida laws regulating insurance, specifically laws affecting
credit life insurance. The district court granted summary judgment to London on
several issues, finding that Appellants violated Florida Statutes sections
627.679(1)(c)(1) and
627.682 by procuring insurance contracts without making
the required disclosures and without first having the application forms approved
by the Florida Department of Insurance (“DOI”)....
...tled
to restitution under Florida common law.
In the district court, London argued that his contract with Appellants was
illegal due to several violations of state law by Appellants. London alleged that
Appellants violated Florida Statutes section
627.679(1)(c)(1), which requires that
the creditor agent must disclose the following information to the potential buyer of
credit life insurance: (1) that the buyer may assign other policies to cover the loan;
(2) that the buyer may buy a policy to cover the loan from any provider; and (3)
3
that purchasing the policy from the loan provider is not a prerequisite to obtaining
the loan. F LA. STAT. ANN. §
627.679(1)(c)(1) (2002).
In addition, London alleged that the Appellants violated Florida Statutes
section
627.410, which requires that all insurance application forms be filed with
and approved by the Florida DOI before use, and section
627.682, which applies
the same requirements to applications for credit life insurance. F LA. STAT. ANN.
§§
627.410,
627.682 (2002). London also alleged that Bankers was an “agent” for
purposes of section
627.679(1)(c)(1), making the statute’s disclosure requirements
binding on Bankers.
II....
...The district court found that under Illingworth, a
party’s violation of Florida Statutes sections
627.410 and
627.682 would make the
contracts at issue void and unenforceable. The district court also found that
Bankers was an “agent” for purposes of section
627.679(1)(c)(1), making the
statute’s disclosure requirements binding on Bankers.
The court found that Chase and Bankers violated sections
627.410 and
627.682 and by failing to file a copy of the “Take-One” in-store application forms
with the DOI prior to using the forms. The court also found that Chase and
Bankers violated section
627.679(1)(c)(1) by failing to notify their customers that
the customers’ other insurance policies would be assignable to cover any balance
remaining on the customers’ credit cards at their death....
...6
insurance. Thus, the district court reasoned that, under the terms of the statute,
checking the box was an “application” rather than an “enrollment.”
Bankers also argued that the disclosure requirements of section
627.679(1)(c)(1) are only mandatory when lenders require that the credit/loan be
covered by insurance. The district court found that the plain language of the
statute foreclosed this argument, because section 627.679(1)(c) begins, “Before
any credit life insurance may be sold.” FLA. STAT. ANN. § 627.679(1)(c) (2002)
(emphasis added).
The district court granted Bankers’ cross-motion for summary judgment on
the claims based on the disclosures required by sections 627.679(1)(c)(2) and
(c)(3) because the court found that it was “undisputed that the life insurance policy
did not contain the deferral of coverage and age termination restrictions regulated
by [these sections].” The district court also grante...
CopyCited 14 times | Published | District Court, N.D. Florida | 1996 U.S. Dist. LEXIS 21354, 1996 WL 910092
...endant insurance companies to the putative class members. Specifically, the putative class members claim that a defendant sold them credit life insurance in an amount greater than that required to pay off the balance of their loan, thereby violating Section 627.679(1)(a), Florida Statutes (1995)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1978 Fla. App. LEXIS 16479
...he plan in this state. In addition, it does not appear *749 that a group credit life insurance policy of the amount involved would have been permitted under statutory limitations in effect in this state at the time of the issuance of the policy. See Section 627.679, Florida Statutes (1973)....
CopyCited 6 times | Published | District Court, S.D. Florida | 2001 U.S. Dist. LEXIS 12888, 2001 WL 880863
...Card. Plaintiffs Second Amended Class Action Complaint alleges Defendants sold this insurance to her and other cardholders in violation of the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601 et seq. and Florida law, including Florida Statutes §§
627.679 and
624.15....
...rida from June 5,1994 to the present (a) whose accounts are not in default and (b) who have not received benefits in excess of premiums paid. 3. For declaratory and injunctive relief sought in Count IV to require Defendants to comply with Fla. Stat. §
627.679 and to comply with §§
624.605(1)0),
626.321,
627.682, a class of persons certified under Fed.R.Civ.P....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2014 WL 2040853, 2014 Fla. App. LEXIS 7574
...[the Financial Services Commission] shall have full power and authority to adopt, and the office [Office of Insurance Regulation] shall enforce, separate rules pertaining to issuance and use of each type of credit insurance defined in s.
627.677.” Section
627.679, Florida Statutes (2011), provides for the amount that may be charged for credit life and credit disability insurance, and section
627.681, Florida Statutes (2011), provides for the term of credit life and credit disability insurance....
CopyCited 4 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 20812, 1999 WL 1067869
...The Plaintiff contends that during the Class Period, Defendants sold this credit insurance using standardized, uniform applications that failed to make written disclosures and obtain written consents required by federal and Florida law, specifically 15 U.S.C. § 1605 of the Truth in Lending Act ("TILA") and Fla. Stat. § 627.679....
