The 2023 Florida Statutes (including Special Session C)
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. . . With the exception of § 627.8405, none of the insurance code sections claimed to have been violated allows . . . concluded, no private right of action exists for any of the insurance code sections at issue here (except § 627.8405 . . . Finally, the district court considered on the merits plaintiffs’ claim under § 627.8405, Fla. . . . As to plaintiffs’ claim under § 627.8405, the district court correctly found no merit. . . .
. . . insurer to report policy information to the Office of Insurance Regulation (“the Office”); and Section 627.8405 . . . , which regulates general line insurance, applies to the insurers; and that no violation of Section 627.8405 . . .
. . . Hence (Lemy and Hill reason) Direct General and the underwriters violated Section 627.8405, which bars . . . For Direct General and the underwriters’ alleged violation of Section 627.8405 (count I), Lemy and Hill . . . Section 627.8405 prohibits the financing not only of a “product not regulated [by] th[e] insurance code . . . That “Section 627.8405 is a penal statute and therefore must be strictly construed,” Capital Nat’l Fin . . . The complaint claims that the underwriters and Direct General violated Section 627.8405. . . .
. . . 1st DCA 1996) (although evidence was presented which suggested violation of sections 627.4085(1) and 627.8405 . . .
. . . company, appeals a final order of the Department of Insurance ruling that Capital violated section 627.8405 . . . The Department issued a notice of intent not to renew Capital’s license for violation of section 627.8405 . . . a hearing on stipulated facts, the hearing officer concluded that Capital had not violated section 627.8405 . . . Section 627.8405 is a penal statute and therefore must be strictly construed: among other penalties, . . . The Department has provided this court with legislative history which states that section 627.8405 was . . .
. . . finds appellant guilty of violations of sections 626.611(5) and (9), 626.621(12), 627.4085(1), and 627.8405 . . . To the extent the final order finds appellant guilty of violating sections 627.4085(1) and 627.8405, . . . support the recommended order’s findings that appellant acted in violation of sections 627.4085(1) and 627.8405 . . . Statutes (1993), the Department never pleaded facts that constituted violations of section 627.4085(1) or 627.8405 . . . We reverse the final order insofar as it finds appellant violated sections 627.4085(1) and 627.8405, . . .
