The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.171

627.171 Excess rates.—

(1) With written consent of the insured signed prior to the policy inception date and filed with the insurer, the insurer may use a rate in excess of the otherwise applicable filed rate on any specific risk. The signed consent form must include the filed rate as well as the excess rate for the risk insured, and a copy of the form must be maintained by the insurer for 3 years and be available for review by the office.

(2) An insurer may not use excess rates pursuant to this section for more than 10 percent of its commercial insurance policies written or renewed in each calendar year for any line of commercial insurance or for more than 5 percent of its personal lines insurance policies written or renewed in each calendar year for any line of personal insurance. In determining the 10-percent limitation for commercial insurance policies, the insurer shall exclude any workers’ compensation policy that was written for an employer who had coverage in the joint underwriting plan created by s. 627.311(5) immediately prior to the writing of the policy by the insurer and any workers’ compensation policy that was written for an employer who had been offered coverage in the joint underwriting plan but who was written a policy by the insurer in lieu of accepting the joint underwriting plan policy. These workers’ compensation policies shall be excluded from the 10-percent limitation for the first 3 years of coverage.

History.—s. 427, ch. 59-205; s. 9, ch. 67-9; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 357, 806, ch. 82-243; s. 49, ch. 82-386; ss. 9, 10, ch. 87-124; s. 53, ch. 89-360; s. 4, ch. 91-429; s. 1085, ch. 2003-261; s. 2, ch. 2004-82.

F.S. 627.171 on Google Scholar

F.S. 627.171 on Casetext

Amendments to 627.171

Arrestable Offenses / Crimes under Fla. Stat. 627.171

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.171.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In IONOSPHERE CLUBS, INC. EASTERN AIR LINES, INC. v. INSURANCE COMPANY OF STATE OF PENNSYLVANIA,, 85 F.3d 992 (2d Cir. 1996)

. . . . § 627.171. See id. § 627.211. . . . At the times pertinent to this litigation, § 627.171 provided that a rate in excess of the otherwise . . . Id. § 627.171 (effective prior to October 1,1989). . . . FDOI has taken the position that in order to comply with § 627.171, an insurer was required to have the . . .

In IONOSPHERE CLUBS, INC. EASTERN AIR LINES, INC. v. INSURANCE COMPANY OF STATE OF PENNSYLVANIA,, 85 F.3d 992 (2d Cir. 1996)

R. SHUGRUE, Jr. v. INSURANCE COMPANY OF STATE OF PENNSYLVANIA,, 180 B.R. 53 (S.D.N.Y. 1995)

. . . . § 627.171 (West 1984 & Supp.1993), allows a contract to be filed which contains a rate other than that . . .