Florida/Georgia Personal Injury & Workers Compensation

...Second, she contends that, in light of the renewal provisions of the policy, Atlas was under a statutory duty to give the insured at least ten days notice that the insurance was being cancelled and a statement of the reason, i.e., nonpayment of premium, pursuant to section 627.7281, Florida Statutes (1983)....

...Part XI, chapter 627, specifically relating to "Motor Vehicle and Casualty Insurance Contracts," is made subject to the general provisions in part II of that chapter by section 627.726, Florida Statutes (1983), and contains elaborate provisions in sections 627.728 and 627.7281 which limit a motor vehicle insurer's right to terminate policy coverage by cancellation or nonrenewal without giving appropriate notice to the insured....

...Exceptions for "nonpayment of premium" in the above cited statutory provisions are presumably included in contemplation of an insured's conscious decision to terminate coverage with a particular insurer by not remitting payment when he or she knows a premium is due. Section 627.7281, added by the legislature in 1982, requires that: An insurer issuing a policy of motor vehicle insurance not covered under the cancellation provisions of s....

...This exception requires the insurer to "give 5 days prior notice of cancellation of a binder, unless the binder is replaced by a policy or another binder in the same or another company." [2] In view of the elaborate notice provisions contained in sections 627.728 and 627.7281 limiting cancellation and nonrenewal of automobile insurance without appropriate notice, we have no difficulty in discerning that the statutory scheme in Florida, which excuses such notice only when the insured has failed to pay the required...

...ere an allegation that the bank relied on any such conduct" ( Id. at 1348). In short, nothing in that decision is inconsistent with what we have decided today. In view of this holding we find it unnecessary to reach the appellant's argument based on section 627.7281....

...icable to binders and policies issued after May 30, 1985, and hence was not explicitly applicable to the policy issued to Ms. Hepler in 1983. Nevertheless, since a similar exception was effectively added to the statutes in 1982 with the enactment of section 627.7281, requiring 10 days notice of cancellation for nonpayment of premium, the 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....

...ided coverage with respect to the hazard resulting in the loss, if the true facts had been made known to the insurer as required either by the application for the policy or contract or otherwise." [2] This notice of cancellation was sent pursuant to Section 627.7281, Florida Statutes (1983), which requires that the insured be given at least forty-five days' notice before the cancellation becomes effective.

...and only received a cancellation notice by certified mail at his original address "way after" his accident occurred. Florida law requires at least 10 days notice of cancellation for nonpayment of premium prior to the cancellation effective date. See § 627.7281, Fla....

...the insurer to the department, such 30 days’ notice to commence from the date notice is received by the department. It was undisputed that the insurer did not give the notice required by the statute, but the insurer argues that it was governed by section 627.7281, Florida Statutes (2002), which does not require notice to the state: Cancellation notice....

...the reason therefore shall be given. The insurer argues that because it was cancelling the policy for nonpayment of premiums, it was required to only give the named insured notice under this statute. The problem with the insurer’s position is that section 627.7281 is of general application to all motor vehicles, while section 320.02(5)(e) applies more specifically to commercial vehicles, which are subject to special registration requirements with the state....

... The plaintiff then brought a declaratory judgment action against Progressive seeking a declaration of coverage. Each party moved for summary judgment. Relevant to the arguments raised on appeal, the plaintiff argued that Progressive failed to comply with sections 627.728(3) and 627.7281, Florida Statutes (2017), which required notice of cancellation to be provided to the first-named insured ten days prior to the effective date of cancellation....

...insurer might cancel a policy but does not address cancellations by an insured. Progressive further argued that policy provisions dictated that either named insured could cancel the policy, so the cancellation by the son was effective. The trial court looked to sections 627.728 and 627.7281, among other authority, and determined that Progressive “did not have [a] duty to notify Plaintiff after her son, a named insured, cancelled the policy.” It entered judgment in favor of Progressive. This appeal follows. The plaintiff has altered her position slightly for her arguments on appeal. She contends that section 627.7281 controls and that its plain language required Progressive to provide her, as the first- named insured, with notice of cancellation....

...ive date of cancellation, except that, when cancellation is for nonpayment of premium, at least 10 days’ notice of cancellation accompanied by the reason therefor shall be given. . . . § 627.728, Fla. Stat. (2017). 627.7281....

...627.728 shall give the first-named insured notice of cancellation at least 45 days prior to the effective date of cancellation, except that, when cancellation is for nonpayment of premium, at least 10 days’ notice of cancellation accompanied by the reason therefor shall be given. § 627.7281, Fla....

...a policy of motor vehicle insurance.” Since the cancellation at issue was not for nonpayment, misrepresentation or fraud, or license suspension or revocation, section 627.728 plainly did not require notice here. Nor was notice required under section 627.7281. That section applies to “[a]n insurer issuing a policy of motor vehicle insurance not covered under the cancellation provisions of s. 627.728 . . . .” § 627.7281, Fla. Stat. (2017) (emphasis added). Thus, section 627.7281 is worded to apply to certain policies, as opposed to certain types of cancellations....

...One article explains that “[t]he provisions of section 627.728, Florida Statutes, apply to only those policies referenced therein. Similar cancellation provisions for other types of motor vehicle insurance policies not specifically enumerated in [s]ection 627.728 are set forth in section 627.7281, Florida Statutes (2006).” Sarah Lahlou-Amine, The Termination of Motor Vehicle Insurance Policies: An Insurer’s Roadmap, Trial Advoc. Q., Summer 2007, at 21 n.32 (emphasis added). Likewise, Florida Jurisprudence explains that “[section] 627.7281, Fla....

...To illustrate, had Progressive cancelled due to nonpayment, it unquestionably would have been required to give notice as outlined in subsection (3)(a), since the policy falls within the definitions of subsection (1). Nevertheless, because the policy was covered under section 627.728, the plain language of section 627.7281 dictates that section 627.7281 does not apply. 1 1 Even if the plain language did not so indicate, at least two courts have interpreted sections 627.728 and 627.7281 as requiring an insurer to provide notice where the insurer initiates cancellation, albeit in dicta. In Allstate Indem. Co. v. Mohan, 764 So. 2d 901 (Fla. 5th DCA 2000), the Fifth District noted that “sections 627.728 and 627.7281 establish the procedures to be followed when the insurer seeks to cancel an existing policy or gives notice of non-renewal ....

...1st DCA 1987) (emphasis added) (holding that insurer had to notify insured of renewal premium due and give sufficient notice to provide insured reasonable opportunity to make payment without lapse of coverage before it could cancel policy for nonpayment). However, the First District also noted that section 627.7281 “appears to have been added to make certain that statutory requirements for notifying an insured that coverage is about to terminate for stated reasons would apply in all cases, not just those cases covered by section 627.728.” Id....