Florida Statute 627.7845 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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627.7845 Determination of insurability required; preservation of evidence of title search and examination.—

(1) A title insurer may not issue a title insurance commitment, endorsement, or title insurance policy until the title insurer has caused to be made a determination of insurability based upon the evaluation of a reasonable title search or a search of the records of a Uniform Commercial Code filing office, as applicable, has examined such other information as may be necessary, and has caused to be made a determination of insurability of title or the existence, attachments, perfection, and priority of a Uniform Commercial Code security interest, including endorsement coverages, in accordance with sound underwriting practices.

(2) The title insurer shall cause the evidence of the determination of insurability and the reasonable title search or search of the records of a Uniform Commercial Code filing office to be preserved and retained in its files or in the files of its title insurance agent or agency for at least 7 years after the title insurance commitment or title insurance policy was issued. The title insurer or its agent or agency must produce the evidence required to be maintained under this subsection at its offices upon the demand of the office. Instead of retaining the original evidence, the title insurer or its agent or agency may, in the regular course of business, establish a system under which all or part of the evidence is recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process that accurately reproduces or forms a durable medium for reproducing the original.

(3) The title insurer or its agent or agency must maintain a record of the actual premium charged for issuance of the policy and any endorsements in its files for a period of not less than 7 years. The title insurer, agent, or agency must produce the record at its office upon demand of the office.

(4) This section does not apply to an insurer assuming no primary liability in a contract of reinsurance or to an insurer acting as a coinsurer if any other coinsuring insurer has complied with this section.

History.—ss. 582, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 4, ch. 85-185; ss. 102, 114, ch. 92-318; s. 18, ch. 99-286; s. 1207, ch. 2003-261; s. 3, ch. 2005-153; s. 7, ch. 2007-44; s. 13, ch. 2014-112.

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Amendments to 627.7845

Annotations, Discussions, Cases:

Cases Citing Statute 627.7845

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

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Lawyers Title Ins. Corp. v. DSC OF NEWARK ENTER., INC., 544 So. 2d 1070 (Fla. 4th DCA 1989).

Cited 7 times | Published | Florida 4th District Court of Appeal | 14 Fla. L. Weekly 1379, 1989 Fla. App. LEXIS 3207, 1989 WL 58719

...Stat. (1987). A policy issues based upon the informed opinion of title examining experts employed by the company that title is in the condition expressed in the policy. Krause v. Title & Trust Company of Florida, 390 So.2d 805 (Fla. 5th DCA 1980); § 627.7845, Fla....

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Chicago Title Ins. Co. v. Commonwealth Forest Investments, 494 F. Supp. 2d 1332 (M.D. Fla. 2007).

Cited 2 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 47023

...of Fla., 457 So.2d 553, 557 (Fla. 4th DCA 1984). and that such duty arises from public policy, as codified by Florida Statute. See Lawyer's Title Ins. Corp. v. D.S.C. of Newark Ents., Inc., 544 So.2d 1070, 1072 (Fla. 4th DCA 1989); Fla. Stat. §§ 627.784 & 627.7845(1) (1996) ("A title insurer may not issue a title insurance binder, commitment, endorsement, title insurance policy, or guarantee of title until the title insurer has caused to be conducted a reasonable search and examination of the title and of such other information as may be necessary....

...As noted above, Florida statutes require title insurers to search the official records prior to insuring title and prohibit the issuance of title policies without regard to the possible existence of adverse matters or defects of title. Fla. Stat. §§ 627.784 & 627.7845....

...Neither title insurance agents nor title abstractors fall within Moransais ' definition of "profession." Id. at 976 (defining "profession" as "any vocation requiring at a minimum a four-year college degree before licensing is possible in Florida"). Further, the Court concludes that § 627.7845, Fla. Stat., does not provide for a statutory cause of action for deficient title search. Section 627.7845 is regulatory in nature....

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Crawford v. Safeco Title Ins. Co., 585 So. 2d 952 (Fla. 1st DCA 1991).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1991 WL 87670

...btaining an abstract and relied upon the commitment to determine the quality of title prior to closing the *955 transaction. Appellants further allege that appellees failed to undertake a reasonable search and examination of title in accordance with Section 627.7845(1), Florida Statutes, and that appellees' failure to undertake the search or to disclose the defects shown in the public records and Richardson Survey caused them damages....

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Vill. Carver Phase 1, LLC v. Fid. Nat'l Title Ins. Co., 128 So. 3d 107 (Fla. 3d DCA 2013).

Published | Florida 3rd District Court of Appeal | 2013 WL 5429585, 2013 Fla. App. LEXIS 15394

...ility of the existence of an easement in favor of relatives renders the title unmarketable.” Village Carver’s first ground for reversal fails for the same reason the existence of record of the 1908 deed does not educe liability under the policy. Section 627.7845(1) of the Florida Statutes merely requires a title insurer to perform a “reasonable title search” before issuing a title *110 insurance “commitment, endorsement, or policy.” Section 712.04 of the MRTA states that “[sjubject to s....

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.