(1) Before making any payment on a claim for damage to an automobile for a total loss, regardless of amount, which automobile is owned by a person who is not named as an insured in the policy under which payment is made, the insurer shall first cause a search of the records of the Department of Highway Safety and Motor Vehicles to be made in order to determine whether the damaged vehicle is subject to any liens. If the search discloses the existence of any liens, payment of the claim shall be made jointly to the owner of the damaged vehicle and the first lienholder of record. The insurer shall not be subject to the requirements of this section if the owner of the damaged vehicle presents to the insurer a title certificate for such vehicle.
(2) When making any payment on a third party claim for damage to an automobile for a partial loss, the insurer shall have printed on the loss estimate, if prepared by the insurer, the following: “Failure to use the insurance proceeds in accordance with the security agreement, if any, could be a violation of s. 812.014, Florida Statutes. If you have any questions, contact your lending institution.” However, this subsection does not apply if the insurer does not prepare the loss estimate.
History.—ss. 560, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 24, ch. 83-288; s. 114, ch. 92-318; s. 76, ch. 99-248; s. 102, ch. 2019-167.
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.