Florida Statutes|Section 627.409

                                                

627.409 Representations in applications; warranties.—

(1) Any statement or description made by or on behalf of an insured or annuitant in an application for an insurance policy or annuity contract, or in negotiations for a policy or contract, is a representation and not a warranty. Except as provided in subsection (3), a misrepresentation, omission, concealment of fact, or incorrect statement may prevent recovery under the contract or policy only if any of the following apply:
(a) The misrepresentation, omission, concealment, or statement is fraudulent or is material to the acceptance of the risk or to the hazard assumed by the insurer.
(b) If the true facts had been known to the insurer pursuant to a policy requirement or other requirement, the insurer in good faith would not have issued the policy or contract, would not have issued it at the same premium rate, would not have issued a policy or contract in as large an amount, or would not have provided coverage with respect to the hazard resulting in the loss.
(2) A breach or violation by the insured of a warranty, condition, or provision of a wet marine or transportation insurance policy, contract of insurance, endorsement, or application does not void the policy or contract, or constitute a defense to a loss thereon, unless such breach or violation increased the hazard by any means within the control of the insured.
(3) For residential property insurance, if a policy or contract has been in effect for more than 90 days, a claim filed by the insured cannot be denied based on credit information available in public records.

History.—s. 458, ch. 59-205; s. 2, ch. 71-45; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 363, 377, 809(2nd), ch. 82-243; s. 79, ch. 82-386; ss. 30, 114, ch. 92-318; s. 2, ch. 2014-86.

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53 Files
Filed

Jan 26, 2015

Status

Settlement

Court

Central Courthouse

County

Broward County, FL

Category

Other - Insurance Claim

Practice Area

Insurance

Matter Type

Insurance Coverage

8 Files
Filed

Feb 04, 2013

Status

Summary Judgment

Court

Palm Beach County

County

Palm Beach County, FL

Category

CONTRACT & DEBT

Practice Area

Commercial

Matter Type

Breach of Contract

106 Files
Filed

Jun 08, 2015

Status

Active

Judge

Hon. Bidwill, Martin J. Trellis Spinner 👉 Discover key insights by exploring more analytics for Bidwill, Martin J.

Court

Central Courthouse

County

Broward County, FL

Category

Other - Insurance Claim

Practice Area

Insurance

Matter Type

Insurance Coverage

280 Files
Filed

Feb 07, 2018

Status

Settlement

Court

Palm Beach County

County

Palm Beach County, FL

Category

INSURANCE CLAIM

Practice Area

Insurance

Matter Type

Insurance Coverage

83 Files
Filed

Dec 28, 2020

Status

Active

Court

Orange County

County

Orange County, FL

Category

3

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Filing # 117073190 E-Filed 11/20/2020 05:13:53 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION SHERYL UDOLF a/a/o BERNARD SINGER and BEATRICE SINGER, Plaintiff, vs. SAFEPOINT INSURANCE COMPANY, CASE NO: 2018-CA-001565 Defendant. / AMENDED MOTION FOR SUMMARY JUDGMENT (UNDISPUTED MATERIAL MISREPRESENTATIONS IN APPLICATION FOR INSURANCE — VIOLATION OF SECTION 627.409, FLORIDA STATUTES)! Defendant, SafePoint Insurance C…

Case Filed

Feb 07, 2018

Case Status

Closed

County

Palm Beach County, FL

Filed Date

Nov 20, 2020

Category

INSURANCE CLAIM

preview-icon 224 pages

Filing # 117001514 E-Filed 11/19/2020 07:09:29 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION SHERYL UDOLF a/a/o BERNARD SINGER and BEATRICE SINGER, Plaintiff, vs. SAFEPOINT INSURANCE COMPANY, CASE NO: 2018-CA-001565 Defendant. / MOTION FOR SUMMARY JUDGMENT (UNDISPUTED MATERIAL MISREPRESENTATIONS IN APPLICATION FOR INSURANCE - VIOLATION OF SECTION 627.409, FLORIDA STATUTES) Defendant, SafePoint Insurance Company (“Saf…

Case Filed

Feb 07, 2018

Case Status

Closed

County

Palm Beach County, FL

Filed Date

Nov 19, 2020

Category

INSURANCE CLAIM

preview-icon 5 pages

Filing # 38570760 E-Filed 03/03/2016 02:25:39 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA. Case No. CACE 15-1431 (09) PANKAJ J. PATEL Plaintiff, v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY and BRIGHTWAY INSURANCE, INC. Defendant. / DEFENDANT, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY 'S RESPONSE TO PLAINTIFF’S SUPPLEMENTAL MEMORANDUM OF LAW REGARDING WHICH VERSION OF SECTION 627.409, FLORIDA STATUTES, APPLIES COMES NOW, the Defenda…

County

Broward County, FL

Filed Date

Mar 03, 2016

Category

Other - Insurance Claim

preview-icon 8 pages

Filing # 33247834 E-Filed 10/14/2015 04:55:09 PM 1050.38076 IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: CACE 2015-010017 DIV. 05 JORGE & MARTHA VIZCAINO, Petitioners, v. TOWER HILL SIGNATURE INSURANCE COMPANY, Respondent. / RESPONDENT, TOWER HILL SIGNATURE INSURANCE COMPANY’S, RESPONSE IN OPPOSITION TO PETITIONERS’ MOTION FOR PARTIAL SUMMARY JUDGMENT / CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING THE APPL…

County

Broward County, FL

Filed Date

Oct 14, 2015

Category

Other - Insurance Claim

Judge Hon. Bidwill, Martin J. Trellis Spinner 👉 Discover key insights by exploring more analytics for Bidwill, Martin J.
preview-icon 9 pages

Filing # 73745211 E-Filed 06/19/2018 09:08:58 AM IN THE COUNTY COURT OF THE 6th JUDICIAL CIRCUIT, IN AND FOR PINELLAS COUNTY, FLORIDA …

County

Pinellas County, FL

Filed Date

Jun 19, 2018

Category

CONTRACTS AND INDEBTEDNESS - COUNTY

Judge Hon. JAGGER, EDWIN Trellis Spinner 👉 Discover key insights by exploring more analytics for JAGGER, EDWIN
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