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Florida Statute 627.792 | Lawyer Caselaw & Research
F.S. 627.792 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 627.792

The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE
Chapter 627
INSURANCE RATES AND CONTRACTS
View Entire Chapter
F.S. 627.792
627.792 Liability of title insurers for defalcation by title insurance agents or agencies.A title insurer is liable for the defalcation, conversion, or misappropriation by a licensed title insurance agent or agency of funds held in trust by the agent or agency pursuant to s. 626.8473. If the agent or agency is an agent or agency for two or more title insurers, any liability shall be borne by the title insurer upon which a title insurance commitment or policy was issued prior to the illegal act. If no commitment or policy was issued, each title insurer represented by the agent or agency at the time of the illegal act shares in the liability in the same proportion that the premium remitted to it by the agent or agency during the 1-year period before the illegal act bears to the total premium remitted to all title insurers by the agent or agency during the same time period.
History.s. 25, ch. 85-185; s. 1, ch. 86-81; s. 1, ch. 86-286; ss. 107, 114, ch. 92-318; s. 21, ch. 99-286.

F.S. 627.792 on Google Scholar

F.S. 627.792 on Casetext

Amendments to 627.792


Arrestable Offenses / Crimes under Fla. Stat. 627.792
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.792.



Annotations, Discussions, Cases:

Cases from cite.case.law:

R. COHEN, v. CHICAGO TITLE INSURANCE CO., 53 So. 3d 331 (Fla. Dist. Ct. App. 2010)

. . . Count I of the complaint sought a return of the deposits pursuant to section 627.792, Florida Statutes . . . Section 627.792 provides in relevant part: “A title insurer is liable for the defalcation, conversion . . . Therefore, they argued, section 627.792 did not apply. . . . So.3d at 417, this Court, citing the authority of the Florida Supreme Court, recognized that section 627.792 . . . as defined by section 626.8473(1), thereby exposing the defendants to liability pursuant to section 627.792 . . .

WINKLER, v. LAWYERS TITLE INSURANCE CORP., 41 So. 3d 414 (Fla. Dist. Ct. App. 2010)

. . . the appel-lee, Lawyers Title Insurance Corporation (“Lawyers Title”), was not liable under section 627.792 . . . appellants then sought reimbursement for their escrow deposits from Lawyers Title pursuant to section 627.792 . . . Lawyers Title filed a complaint seeking a declaratory judgment that it was not liable under section 627.792 . . . Therefore, section 627.792, Florida Statutes does not apply to these deposits, and Lawyers Title is not . . . Nations Title Insurance of New York, 840 So.2d 993, 996 (Fla.2003), section 627.792 does not protect . . .

I. HECHTMAN, v. NATIONS TITLE INSURANCE OF NEW YORK,, 840 So. 2d 993 (Fla. 2003)

. . . question certified by the Third District Court of Appeal to be of great public importance: WHETHER § 627.792 . . . the reasons set forth below, we answer the certified question in the negative and find that section 627.792 . . . Section 627.792 makes title insurers liable for the defalcation of funds by their licensed title agents . . . Specifically, section 627.792 provides as follows: A title insurer is liable for the defalcation, conversion . . . It is reasonable to conclude that by enacting section 627.792, the Legislature intended to create an . . .

I. HECHTMAN v. NATIONS TITLE INSURANCE OF NEW YORK, INC., 767 So. 2d 505 (Fla. Dist. Ct. App. 2000)

. . . Title Insurance Company (“Commonwealth”), on the Hechtmans’ statutory claims filed pursuant to section 627.792 . . . The lower court concluded that these title insurers were not liable to the Hechtmans under section 627.792 . . . Section 627.792 imposes liability upon title insurers for defalcation by its licensed title insurance . . . One such claim was filed pursuant to section 627.792. . . . On this appeal, the Hechtmans argue that section 627.792 must be construed to impose liability against . . . Florida that the decision herein passes upon the following question of great public importance: Whether § 627.792 . . . method of providing (a) that the statute applies only to a “licensed title insurance agent,” see § 627.792 . . . I would instead effect the legislative intent by reading section 627.792 as written, that is, as non-exclusive . . . By enacting section 627.792, the legislature sought to provide a remedy for just the losses which occurred . . .