The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.7401

627.7401 Notification of insured’s rights.—

(1) The commission, by rule, shall adopt a form for the notification of insureds of their right to receive personal injury protection benefits under the Florida Motor Vehicle No-Fault Law. Such notice shall include:

(a) A description of the benefits provided by personal injury protection, including, but not limited to, the specific types of services for which medical benefits are paid, disability benefits, death benefits, significant exclusions from and limitations on personal injury protection benefits, when payments are due, how benefits are coordinated with other insurance benefits that the insured may have, penalties and interest that may be imposed on insurers for failure to make timely payments of benefits, and rights of parties regarding disputes as to benefits.

(b) An advisory informing insureds that:

1. Pursuant to s. 626.9892, the Department of Financial Services may pay rewards of up to $25,000 to persons providing information leading to the arrest and conviction of persons committing crimes investigated by the Division of Investigative and Forensic Services arising from violations of s. 440.105, s. 624.15, s. 626.9541, s. 626.989, or s. 817.234.

2. Pursuant to s. 627.736(5)(e)1., if the insured notifies the insurer of a billing error, the insured may be entitled to a certain percentage of a reduction in the amount paid by the insured’s motor vehicle insurer.

(c) A notice that solicitation of a person injured in a motor vehicle crash for purposes of filing personal injury protection or tort claims could be a violation of s. 817.234, s 817.505, or the rules regulating The Florida Bar and should be immediately reported to the Division of Investigative and Forensic Services if such conduct has taken place.

(2) Each insurer issuing a policy in this state providing personal injury protection benefits must mail or deliver the notice as specified in subsection (1) to an insured within 21 days after receiving from the insured notice of an automobile accident or claim involving personal injury to an insured who is covered under the policy. The office may allow an insurer additional time to provide the notice specified in subsection (1) not to exceed 30 days, upon a showing by the insurer that an emergency justifies an extension of time.

(3) The notice required by this section does not alter or modify the terms of the insurance contract or other requirements of this act.

History.—s. 2, ch. 94-123; s. 1197, ch. 2003-261; s. 19, ch. 2003-411; s. 14, ch. 2006-305; s. 16, ch. 2007-324; s. 24, ch. 2016-165.

F.S. 627.7401 on Google Scholar

F.S. 627.7401 on Casetext

Amendments to 627.7401

Arrestable Offenses / Crimes under Fla. Stat. 627.7401

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.7401.

Annotations, Discussions, Cases:

Cases from cite.case.law:

PROGRESSIVE AMERICAN INSURANCE COMPANY, v. RURAL METRO CORPORATION OF FLORIDA,, 994 So. 2d 1202 (Fla. Dist. Ct. App. 2008)

. . . Subsection 627.736(6), Florida Statutes RMA relies on sections 627.736(6), 627.7401, 627.4137, and 626.9541 . . . Section 627.7401, Florida Statutes RMA also claims entitlement to the insurance information under section . . . 627.7401, Florida Statutes (2006). . . . Subsection 627.7401(1) provides: The commission, by rule, shall adopt a form for the notification of . . . Because section 627.7401 simply provides for form notification of PIP benefits, medical providers are . . .

GEICO GENERAL INSURANCE COMPANY, v. FLORIDA EMERGENCY PHYSICIANS,, 972 So. 2d 966 (Fla. Dist. Ct. App. 2007)

. . . Specifically, pursuant to Florida Statute 627.4137, 627.7401, 627.736(6)(d) and/or the policy that covers . . .

WARREN, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,, 899 So. 2d 1090 (Fla. 2005)

. . . Each notice of insured’s rights under s. 627.7401 must include the following statement in type no smaller . . .