2016 Florida Statutes
TITLE XXXVII - INSURANCE
Chapter 627 - INSURANCE RATES AND CONTRACTS
Part VI - HEALTH INSURANCE POLICIES (ss. 627.601-627.64995)
627.607 - Time limit on certain defenses.
627.607 Time limit on certain defenses.—
(1) The contract shall include the following provision:
“Time Limit on Certain Defenses: After 2 years from the issue date, only fraudulent misstatements in the application may be used to void the policy or deny any claim for loss incurred or disability starting after the 2-year period.”
(2) A policy may, in place of the provision set forth in subsection (1), include the following provision:
“Incontestable:
(a) Misstatements in the Application: After this policy has been in force for 2 years during the insured’s lifetime (excluding any period during which the insured is disabled), the insurer cannot contest the statements in the application.
(b) Preexisting Conditions: No claim for loss incurred or disability starting after 2 years from the issue date will be reduced or denied because a sickness or physical condition, not excluded by name or specific description before the date of loss, had existed before the effective date of coverage.”
History.—s. 550, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 456, 497, 809(2nd), ch. 82-243; s. 79, ch. 82-386; ss. 56, 114, ch. 92-318.
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