Florida Statutes|Section 627.426

                                                

627.426 Claims administration.

(1) Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer thereunder:
(a) Acknowledgment of the receipt of notice of loss or claim under the policy.
(b) Furnishing forms for reporting a loss or claim, for giving information relative thereto, or for making proof of loss, or receiving or acknowledging receipt of any such forms or proofs completed or uncompleted.
(c) Investigating any loss or claim under any policy or engaging in negotiations looking toward a possible settlement of any such loss or claim.
(2) A liability insurer shall not be permitted to deny coverage based on a particular coverage defense unless:
(a) Within 30 days after the liability insurer knew or should have known of the coverage defense, written notice of reservation of rights to assert a coverage defense is given to the named insured by United States postal proof of mailing, registered or certified mail, or other mailing using the Intelligent Mail barcode or other similar tracking method used or approved by the United States Postal Service sent to the last known address of the insured or by hand delivery; and
(b) Within 60 days of compliance with paragraph (a) or receipt of a summons and complaint naming the insured as a defendant, whichever is later, but in no case later than 30 days before trial, the insurer:
1. Gives written notice to the named insured by United States postal proof of mailing, registered or certified mail, or other mailing using the Intelligent Mail barcode or other similar tracking method used or approved by the United States Postal Service of its refusal to defend the insured;
2. Obtains from the insured a nonwaiver agreement following full disclosure of the specific facts and policy provisions upon which the coverage defense is asserted and the duties, obligations, and liabilities of the insurer during and following the pendency of the subject litigation; or
3. Retains independent counsel which is mutually agreeable to the parties. Reasonable fees for the counsel may be agreed upon between the parties or, if no agreement is reached, shall be set by the court.

History.—s. 475, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 375(1st), 377, 809(2nd), ch. 82-243; ss. 53, 79, ch. 82-386; s. 97, ch. 83-216; s. 114, ch. 92-318; s. 13, ch. 2019-108.

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Filed

Sep 01, 2015

Status

Dismissal

Court

Miami-Dade County

County

Miami-Dade County, FL

Filed

Oct 22, 2013

Status

Dismissal

Judge

Hon. F MCMANUS

Court

Martin County

County

Martin County, FL

Practice Area

Torts

Matter Type

Automobile

64 Files
Filed

Jul 01, 2015

Status

Dismissal

Court

Miami-Dade County

County

Miami-Dade County, FL

Category

Contract & Indebtedness

Practice Area

Creditor

Matter Type

General Creditor

288 Files
Filed

Apr 25, 2017

Status

Active

Judge

Hon. Gisela Cardonne Ely Trellis Spinner 👉 Discover key insights by exploring more analytics for Gisela Cardonne Ely

Court

Palm Beach County

County

Palm Beach County, FL

Category

CONTRACT & DEBT

Practice Area

Commercial

Matter Type

Breach of Contract

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Filing # 125113970 E-Filed 04/17/2021 01:15:24 PM XXX 10363, IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION DONNA CIPRIANI, CASE NO.: 50-2017-CA-004573-XXXX Plaintiff, vs. FEDERATED NATIONAL INSURANCE COMPANY, Defendant. / NOTICE OF FILING SECTION 627.426, FLORIDA STATUTES Plaintiff, DONNA CIPRIANI, by and through her undersigned counsel, hereby gives notice of filing of Section 627.426, Florida Statutes. Plaint…

Case Filed

Apr 25, 2017

Case Status

Open

County

Palm Beach County, FL

Filed Date

Apr 17, 2021

Category

CONTRACT & DEBT

Judge Hon. Gisela Cardonne Ely Trellis Spinner 👉 Discover key insights by exploring more analytics for Gisela Cardonne Ely
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Filing # 69498441 E-Filed 03/19/2018 07:37:50 PM. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION SAMUEL VAINBERG & LYNN VAINBERG, vs. AVATAR PROPERTY & CASUALTY CASE NO: 2017CA011381 INSURANCE COMPANY, Defendant. / RESPONSE TO “PLAINTIFFS' FIRST REQUESTS FOR ADMISSIONS” Defendant, Avatar Property and Casualty Insurance Company, hereby responds to “Plaintiffs’ First Reauests for Admissions.” made by Plaintiffs; Samuel …

Case Filed

Oct 12, 2017

Case Status

Reopen

County

Palm Beach County, FL

Filed Date

Mar 19, 2018

Category

OTHER CIRCUIT

Judge Hon. Jaimie R. Goodman Trellis Spinner 👉 Discover key insights by exploring more analytics for Jaimie R. Goodman
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Filing # 15046940 Electronically Filed 06/20/2014 10:36:28 AM SEVENTEENTH JUDICIAL CIRCUIT COURT BROWARD COUNTY, FLORIDA CASE NO. CACE 14-008023 (05) JUDGE THOMAS M. LYNCH, IV GEICO GENERAL INSURANCE COMPANY, Plaintiff, v. HAROLD V. HICKEY, as Personal Representative of the Estate of Scott Lutwak, and EDWARD SHUKIN, Defendants. DEFENDANT EDWARD SHUKIN’S SECOND REQUEST FOR ADMISSIONS TO PL. TIFF GEICO Defendant Shukin asks Plaintiff GEICO to admit the following pursuant to Florida Rule …

County

Broward County, FL

Filed Date

Jun 20, 2014

Category

Declaratory Judgment

Judge

05 Bidwill, Martin J.

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Filing # 15046940 Electronically Filed 06/20/2014 10:36:28 AM SEVENTEENTH JUDICIAL CIRCUIT COURT, BROWARD COUNTY, FLORIDA CASE NO. CACE 14-008023 (03) JUDGE THOMAS M. LYNCH IV GEICO GENERAL INSURANCE COMPANY, Plaintiff, v. HAROLD V. HICKEY, as Personal Representative of the Estate of Scott Lutwak, and EDWARD SHUKIN, Defendants. / SUPPLEMENTAL REQUEST FOR PRODUCTION COMES NOW the Defendant, EDWARD SHUKIN, by and through counsel and pursuant to Rule 1.350 of the Florida Rules of Civil P…

County

Broward County, FL

Filed Date

Jun 20, 2014

Category

Declaratory Judgment

Judge Hon. Bidwill, Martin J. Trellis Spinner 👉 Discover key insights by exploring more analytics for Bidwill, Martin J.
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Filing # 76727485 E-Filed 08/21/2018 09:12:40 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA TOWER HILL PRIME INSURANCE COMPANY, Plaintiff, vs. CASE NO.: 18-CA-3211 DAVID STOKEY, and CARL MUMFORD, Defendants. / PLAINTIFF, TOWER HILL PRIME INSURANCE COMPANY’S AMENDED REPLY TO AFFIRMATIVE DEFENSES OF DEFENDANT, CARL MUMFORD Plaintiff, Tower Hill Prime Insurance Company, provides the following amended replies to the affirmative defenses of Defendan…

County

Lee County, FL

Category

CA Insurance Claims

Judge Hon. Alane C Laboda Trellis Spinner 👉 Discover key insights by exploring more analytics for Alane C Laboda
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