(1) Upon a determination by an insurer that, in accordance with its rate filings and the applicable laws of this state relating to private passenger motor vehicle insurance, a policyholder has been charged a premium that is incorrect for the coverage set forth in the insurance application, the insurer shall immediately provide notice to the policyholder of the amount of additional premium due to the insurer and that the policyholder has the following options:
(a) The policyholder has a period of 10 days, or a longer period if specified by the insurer, from receipt of the notice within which to pay the additional amount of premium due and thereby maintain the policy in full force under its original terms.
(b) The policyholder has a period of 10 days, or a longer period if specified by the insurer, from receipt of the notice within which to cancel the policy and demand a refund of any unearned premiums.
(c) If the policyholder fails to timely respond to the notice, the insurer shall cancel the policy and return any unearned premium to the insured. The date on which the policy will be canceled shall be stated in the notice and shall in no case be less than 14 days after the date of the notice.
(2) The amount of unearned premium due to the policyholder as a result of cancellation in accordance with subsection (1) shall be calculated on a pro rata basis.
(3) No insurer shall unilaterally alter or modify the policy period for a private passenger automobile insurance policy to provide an expiration date that is prior to the date specified in the policyholder’s application, except as provided in this section.
(4) This section shall not be construed to limit insurers’ rights to cancel in accordance with applicable provisions of the insurance code.
(5) The commission may adopt rules prescribing the format of the notice.
History.—s. 1, ch. 86-252; s. 2, ch. 87-50; s. 114, ch. 92-318; s. 12, ch. 2000-370; s. 1193, ch. 2003-261.
Structure Florida Statutes
Chapter 627 - Insurance Rates and Contracts
Part XI - Motor Vehicle and Casualty Insurance Contracts (Ss. 627.7261-627.7491)
627.7261 - Refusal to issue policy.
627.7263 - Rental and leasing driver’s insurance to be primary; exception.
627.7275 - Motor vehicle liability.
627.7276 - Notice of limited coverage.
627.7277 - Notice of renewal premium.
627.728 - Cancellations; nonrenewals.
627.7281 - Cancellation notice.
627.7282 - Notice of additional premium; cancellation upon nonpayment.
627.7283 - Cancellation; return of unearned premium.
627.7285 - Experience while operating a train.
627.7286 - Renewal of policy and setting of rates; certain experience not a factor.
627.7288 - Comprehensive coverage; deductible not to apply to motor vehicle glass.
627.7295 - Motor vehicle insurance contracts.
627.72951 - Temporary binding permitted.
627.730 - Florida Motor Vehicle No-Fault Law.
627.7311 - Effect of law on personal injury protection policies.
627.734 - Proof of security; security requirements; penalties.
627.736 - Required personal injury protection benefits; exclusions; priority; claims.
627.737 - Tort exemption; limitation on right to damages; punitive damages.
627.739 - Personal injury protection; optional limitations; deductibles.
627.7401 - Notification of insured’s rights.
627.7403 - Mandatory joinder of derivative claim.
627.7405 - Insurers’ right of reimbursement.
627.7407 - Application of the Florida Motor Vehicle No-Fault Law.
627.7415 - Commercial motor vehicles; additional liability insurance coverage.
627.742 - Nonpublic sector buses; additional liability insurance coverage.
627.743 - Payment of third-party claims.
627.744 - Preinsurance inspection of private passenger motor vehicles.
627.745 - Mediation of claims.
627.746 - Coverage for minors who have a learner’s driver license; additional premium prohibited.
627.747 - Named driver exclusion.
627.748 - Transportation network companies.
627.7483 - Peer-to-peer car sharing; insurance requirements.
627.749 - Autonomous vehicles; insurance requirements.
627.7491 - Official law enforcement vehicles; motor vehicle insurance requirements.