Every number on the Florida 2-20, with its source

482 exact values pulled out of the study guides and put in one place, each one carrying the statute, rule or standard it comes from. These are the figures the exam turns on and the ones people lose points to — the difference between 14 days and 21 days is a whole question.

482 values

Casualty Terms and Provisions: Negligence, Comparative Fault, the Defense Obligation and Other Insurance

Elements of negligenceDuty, breach of that duty, proximate cause, damages — all four required (general P&C concept)
Special (economic) damagesMedical and funeral expenses, past and future lost income, replacement value of lost property, repair and replacement costs (s. 768.81(1)(b), F.S.)
General (noneconomic) damagesPain and suffering, mental anguish, disfigurement, inconvenience, disability, loss of consortium — a P&C convention, not a defined term in s. 768.81(1), F.S.
Florida comparative negligence bar — currentA party more than 50 percent at fault for his or her own harm recovers nothing; at 50 percent or less the award is reduced proportionately (s. 768.81(6) and (2), F.S.; HB 837, ch. 2023-15, effective 24 March 2023)
Florida comparative negligence — superseded rulePure comparative negligence, no bar at any percentage, from Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973), until 24 March 2023 — still printed in pre-2023 manuals
Medical negligence carve-outThe greater-than-50-percent bar does not apply to personal injury or wrongful death arising out of medical negligence under ch. 766, F.S. — pure comparative fault survives there (s. 768.81(6), F.S.)
HB 837 applicabilityGenerally applies to causes of action FILED after 24 March 2023; the s. 95.11 limitations amendment applies to causes of action ACCRUING after that date
Joint and several liabilityAbolished in negligence actions; judgment is entered against each party on that party's own percentage of fault (s. 768.81(3), F.S.). Phase-out completed in 2006 by ch. 2006-6, NOT by HB 837
Nonparty (Fabre) faultMust be affirmatively pleaded, the nonparty identified, and the fault proved by a preponderance of the evidence (s. 768.81(3)(a), F.S.; Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993))
Comparative fault — where it does not applyIntentional torts, actions for actual economic damages resulting from pollution, and causes of action where ch. 403, 498, 517, 542 or 895, F.S., specifically provides joint and several liability (s. 768.81(4), F.S.)
Criminal-act apportionment in premises casesNotwithstanding s. 768.81(4), the fault of all contributors, including the criminal, must be considered in a premises action by a person lawfully on commercial or real property (s. 768.0701, F.S., created 2023)
Negligent security presumptionRebuttable presumption against liability for a multifamily residential owner who substantially implements the listed measures (s. 768.0706, F.S., created 2023) — a presumption, not immunity
Negligent security — the listed measuresCameras at entry and exit points with recordings retrievable at least 30 days; lighting dusk to dawn in parking lots, walkways, laundry rooms and common areas; 1-inch deadbolt on each unit door; window and exterior door locks; peephole or door viewer; CPTED assessment no more than 3 years old; employee crime deterrence training within 60 days of hire (s. 768.0706(2), F.S.)
Discovered trespasserPhysical presence detected within 24 hours preceding the accident; possessor must refrain from gross negligence or intentional misconduct AND warn of known, not readily observable dangers (s. 768.075(3), F.S.)
Undiscovered trespasserPossessor must refrain from intentional misconduct that proximately causes injury; no duty to warn (s. 768.075(3), F.S.)
Slip and fall on a transitory foreign substanceClaimant must prove the business had actual or constructive knowledge; constructive knowledge shown by length of time or by regularity making it foreseeable (s. 768.0755, F.S., 2010). Old rule: mere presence of the substance shifted the burden to the business
Liquor liability (dram shop)No liability for furnishing alcohol to a person of lawful drinking age; exceptions only for willfully and unlawfully serving someone underage, or knowingly serving a person habitually addicted (s. 768.125, F.S.). Visible intoxication is NOT a Florida trigger
Dangerous instrumentality doctrineA motor vehicle owner who voluntarily entrusts the vehicle is vicariously liable for the operator's negligence, no owner fault required (Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 86 So. 629 (1920))
Vicarious liability cap — natural person lending a vehicle$100,000 per person / $300,000 per incident bodily injury plus $50,000 property damage; up to an additional $500,000 in economic damages only if the permissive user is uninsured or carries less than $500,000 combined (s. 324.021(9)(b)3., F.S.)
Rental and leasing companiesThe Graves Amendment, 49 U.S.C. s. 30106 (2005), preempts vicarious liability of a business renting or leasing vehicles absent its own negligence or criminal wrongdoing
Proof of financial responsibility limits$10,000 bodily injury per person, $20,000 per crash, $10,000 property damage — 10/20/10 (s. 324.021(7), F.S.)
Res ipsa loquiturA permissible inference of negligence, not liability without fault; does not shift the burden of proof (Goodyear Tire and Rubber Co. v. Hughes Supply, Inc., 358 So. 2d 1339 (Fla. 1978))
Retained foreign bodyPrima facie evidence of negligence (s. 766.102(3)(b), F.S.); a medical injury alone creates no inference or presumption (s. 766.102(3)(a), F.S.)
Subsequent negligent medical treatmentForeseeable, so the original tortfeasor remains liable for the aggravation and may not implead the treating physician (Stuart v. Hertz Corp., 351 So. 2d 703 (Fla. 1977))
Statute of limitations — negligence2 years from accrual (s. 95.11(5)(a), F.S.), for causes of action accruing after 24 March 2023. Old rule: 4 years
Statute of limitations — wrongful death2 years (s. 95.11(5)(e), F.S.) — unchanged by HB 837
Statute of limitations — medical malpractice2 years from the incident or from discovery, with a 4-year outside limit (s. 95.11(5)(c), F.S.)
Construction defect — limitations and repose4-year limitations period with a discovery rule for latent defects; 7-year repose from the EARLIEST of temporary CO, CO, certificate of completion or abandonment (s. 95.11(3)(b), F.S.; SB 360, effective 13 April 2023). Old rule: 10-year repose from the LATEST of those dates
Punitive damages — pleadingLeave of court required on a reasonable showing by evidence in the record or proffered; standard is intentional misconduct or gross negligence by clear and convincing evidence (s. 768.72, F.S.)
Punitive damages — standard capThe GREATER of 3 times compensatory damages awarded to each claimant or $500,000 (s. 768.73(1)(a), F.S.)
Punitive damages — enhanced capThe greater of 4 times compensatory or $2 million, where conduct was motivated solely by unreasonable financial gain and a managing agent, director or officer knew of its unreasonably dangerous nature (s. 768.73(1)(b), F.S.)
Punitive damages — no capOnly on a finding of specific intent to harm the claimant, where the conduct did in fact harm the claimant (s. 768.73(1)(c), F.S.)
Collateral source setoffAward reduced by amounts paid or available from collateral sources, BUT no reduction where a subrogation or reimbursement right exists, and any reduction is offset by amounts the claimant or immediate family paid to secure the benefit (s. 768.76(1), F.S.)
Not collateral sourcesMedicare, Medicaid, workers compensation, other federal programs carrying a lien or right of reimbursement, and life insurance benefits (s. 768.76(2), F.S.)
Evidence of medical damagesPast medical treatment already satisfied is proved by the amount actually paid regardless of source; unpaid charges and future care are tied to negotiated or Medicare-based benchmarks; letters of protection must be disclosed with coded, itemized billing (s. 768.0427, F.S., created 2023)
Offer of judgment / demand for judgment30 days to accept; defendant recovers fees and costs if the plaintiff's judgment is at least 25 percent LESS than the offer, plaintiff recovers if the judgment is at least 25 percent MORE than the demand (s. 768.79, F.S.)
Sovereign immunity caps in tort$200,000 per claim and $300,000 per incident; anything above is payable only by a legislative claim bill (s. 768.28(5)(a), F.S.). HB 145 (2026) would have raised these to $350,000 and $500,000 but was vetoed 30 June 2026
Duty to defend — triggerFlorida's eight corners rule: compare the complaint's allegations to the policy; any potentially covered count requires a defense of the entire suit; doubts favor the insured (common law)
Duty to defend — when it endsWhen the applicable limit is used up in the payment of judgments or settlements under Coverage A or B, or medical expenses under Coverage C (ISO CG 00 01, Coverage A 1.a)
Reservation of rights timetableWritten notice of reservation of rights within 30 days of knowing or having reason to know of a coverage defense; then within 60 days of that notice or of receipt of the summons and complaint, whichever is later, and never later than 30 days before trial: refuse to defend in writing, obtain a non-waiver agreement, or retain mutually agreeable independent counsel at the insurer's expense (s. 627.426(2), F.S.)
Self-insured retention vs deductibleUnder an SIR the insured administers losses inside the retention and the insurer's duties, including the duty to defend, attach above it. Under a deductible the insurer defends and pays from the first dollar and then bills the insured back
CGL supplementary payments — bail bondsUp to $250; the insurer pays the cost and does not have to furnish the bond (ISO CG 00 01, Supplementary Payments)
CGL supplementary payments — lost earningsActual loss of earnings up to $250 a day for time off work to assist at the insurer's request (ISO CG 00 01)
CGL supplementary payments — court costsCourt costs taxed against the insured are paid, but attorney fees and attorney expenses taxed against the insured are NOT (ISO CG 00 01)
Prejudgment vs post-judgment interestPrejudgment interest only on the part of the judgment the insurer pays, and none for the period after it offers the limit; post-judgment interest on the FULL judgment, in addition to the limit, until the insurer pays, offers or deposits its share (ISO CG 00 01)
Supplementary payments and the limitPaid in addition to the limit and do not reduce it on the standard CGL; on a wasting or eroding-limits form defense and related costs DO reduce the limit
Personal auto supplementary paymentsBail bonds up to $250; premiums on appeal bonds and bonds to release attachments in any suit the insurer defends; post-judgment interest; loss of earnings up to $200 a day for attendance at the insurer's request (ISO PP 00 01, Part A)
Business auto supplementary paymentsBail bonds up to $2,000; bonds to release attachments within the limit; loss of earnings up to $250 a day; court costs excluding attorney fees; post-judgment interest (ISO CA 00 01)
Other insurance — methods of sharingContribution by equal shares when all the other insurance permits it, each insurer paying equal amounts until its limit is reached or the loss is paid; otherwise contribution by limits, pro rata (ISO CG 00 01, Section IV, 4.c)
Other insurance — excess triggerThis insurance is excess over any other primary insurance available to you for premises, operations or products-completed operations for which you have been added as an additional insured (ISO CG 00 01, Section IV, 4.b)
Additional insured statusScoped by the endorsement attached (CG 20 10 ongoing operations, CG 20 37 completed operations, CG 20 11 or CG 20 26 designated parties); shares the named insured's limits; only the first named insured receives notices, requests changes and pays premium; a certificate confers no coverage
Two or more coverage forms issued by usWhere two forms or policies from the same insurer or an affiliate apply to one accident, the aggregate maximum cannot exceed the highest applicable limit under any one of them (ISO CA 00 01, Section IV, B.8)
Rented or leased vehicles in FloridaThe lessor's liability and PIP coverage is primary, but only for the limits required by ss. 324.021(7) and 627.736, F.S.; the agreement may make the renter's coverage primary if stated in at least 10-point type on the face of the agreement (s. 627.7263, F.S.)
Stacking of motor vehicle coveragesProhibited generally by s. 627.4132, F.S.; uninsured motorist coverage is carved out and governed by s. 627.727, F.S., where s. 627.727(8) permits a nonstacked election in language approved by the Office, with a premium reduction of at least 20 percent
Uninsured motorist rejectionAny rejection of UM coverage, or election of limits lower than the bodily injury liability limits, must be on a form approved by the Office (s. 627.727(1), F.S.)
Civil remedy notice60 days' written notice to the Department of Financial Services and the insurer is a condition precedent to a statutory bad faith action; no action lies if damages are paid or circumstances corrected within 60 days after the insurer receives it (s. 624.155(3)(a) and (3)(c), F.S.)
Bad faith — 90-day tender safe harborNo bad faith action involving a liability claim, statutory or common law, lies if the insurer tenders the lesser of policy limits or the amount demanded within 90 days after actual notice of a claim with sufficient supporting evidence (s. 624.155(4)(a), F.S., added 2023); missing the window extends any statute of limitations by 90 days (s. 624.155(4)(c))
Bad faith — standard of conductMere negligence alone is insufficient to constitute bad faith (s. 624.155(5)(a), F.S.); the trier of fact may reduce damages awarded against the insurer where the insured, claimant or their representatives did not act in good faith (s. 624.155(5)(b), F.S.)
Property insurance bad faithRequires an adverse adjudication of breach of the policy against the insurer first (s. 624.1551, F.S.) — this extra step does NOT apply to liability and casualty claims
Nonjoinder of insurersA non-insured must first obtain a settlement or verdict against an insured (s. 627.4136(1), F.S.); the insurer may then be joined at judgment or settlement unless it denied coverage or defended under a reservation of rights under s. 627.426(2) (s. 627.4136(4), F.S.). Florida is not a direct-action state
Disclosure of liability coverage to a claimantSworn statement within 30 days of a claimant's written request giving the insurer's name, each insured's name, coverage limits and any policy or coverage defense, with a copy of the policy (s. 627.4137, F.S.)
Payment of an agreed settlementTender no later than 20 days after a written settlement is reached; late amounts bear 12 percent annual interest from the date of the agreement, suspended where payment was conditioned on a release until the release is furnished (s. 627.4265, F.S.)
Attorney fees after a total coverage denialThe one-way fee statutes ss. 627.428 and 626.9373, F.S., were repealed by ch. 2023-15; s. 86.121, F.S., now awards fees to a named insured, omnibus insured or named beneficiary who wins a declaratory judgment on coverage after a total coverage denial. Not assignable, a reservation of rights is not a denial, and it does not apply to residential or commercial property policies
Voluntary paymentsNo insured may, except at that insured's own cost, voluntarily make a payment, assume an obligation or incur an expense other than first aid without the insurer's consent (ISO CG 00 01, Section IV, 2.d)
Bankruptcy of the insuredBankruptcy or insolvency of the insured or the insured's estate does not relieve the insurer of its obligations; both defense and indemnity survive (ISO CG 00 01, Section IV, 1)

Property Terms, Valuation, Deductibles and Policy Provisions for the 2-20 Exam

Hurricane deductible options offered$500, 2%, 5% and 10% of the policy dwelling limits for personal lines residential, plus written notice of the deductible that applies if none is selected (s. 627.701(3)(a), F.S.)
Hurricane deductible — adjustments by size of risk$250,000 or more: the $500 option need not be offered. $1 million or more but less than $3 million: 3% may be offered in lieu of 2%. $3 million or more: the 2% option need not be offered (s. 627.701(3)(d), F.S.)
Hurricane deductible — calendar-year applicationApplies on an annual basis to all covered hurricane losses in the calendar year, for personal lines residential policies issued or renewed on or after May 1, 2005 (s. 627.701(5)(a), F.S.)
Hurricane deductible — second hurricane in the same yearThe insurer may apply the greater of the remaining hurricane deductible or the all-other-perils deductible, and may require the policyholder to report below-deductible hurricane losses or keep receipts (s. 627.701(5)(a)3, F.S.)
Hurricane deductible — losses under more than one policyWhere losses in one calendar year fall under more than one policy from the same insurer or insurer group, the deductible is the highest amount stated in any one of them (s. 627.701(5)(a)4, F.S.)
18-point warnings on the policy faceSeparate hurricane deductible: THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. Coinsurance applicable to hurricane losses: THIS POLICY CONTAINS A CO-PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU (s. 627.701(4)(a), F.S.)
Dollar value of the hurricane deductibleMust be computed and prominently displayed on the declarations at issuance and each renewal, with a warning that an inflation guard rider can increase it (s. 627.701(4)(b), F.S.)
Hurricane occurrence periodBegins when a hurricane warning is issued for any part of Florida and ends 72 hours after the last hurricane watch or warning for any part of Florida is terminated (s. 627.4025(2)(c), F.S.)
Hurricane coverage includes ensuing interior damageRain, snow, sleet, hail, sand or dust entering after the direct force of the windstorm first damages the building and creates an opening (s. 627.4025(2)(a), F.S.)
Residential coverage — the two categoriesPersonal lines residential (homeowner, mobile home owner, dwelling, tenant, condo unit owner, co-op unit owner) and commercial lines residential (condominium association, cooperative association, apartment building, HOA common elements) (s. 627.4025(1), F.S.)
Coinsurance clause — Florida disclosure conditionsPermitted only if the policy face or an attached form states the rate is based on the coinsurance clause attached with the insured's consent, the clause is clearly identifiable, and the rate with and without it is furnished on request (s. 627.701(1), F.S.)
Coinsurance formula(limit carried ÷ limit required) × loss, then subtract the deductible; limit required = value at time of loss × coinsurance percentage. Never pays more than the actual loss or the limit
Homeowners loss settlement — insurance to valueReplacement cost on buildings only if the amount of insurance is 80% or more of full replacement cost immediately before the loss; otherwise the greater of ACV of the damaged part or the proportion the amount of insurance bears to 80% of replacement cost (ISO HO-3)
Homeowners — ACV until repairs are completeNo more than actual cash value is owed until repairs are complete, unless the repair cost is both less than 5% of the amount of insurance and less than $2,500 (ISO HO-3)
Law and ordinance coverage — required offerReplacement cost excluding law and ordinance, or including it at 25% or 50% of the dwelling limit as selected; applies only to repair of the damaged portion unless total damage exceeds 50% of the structure's replacement cost (s. 627.7011(1), F.S.)
Law and ordinance coverage — statutory defaultDeemed included at 25% of the dwelling limit unless the insurer obtains written refusal on an office-approved form; notice of availability at least once every 3 years (s. 627.7011(2), F.S.)
Replacement cost dwelling loss — payment sequenceInitially at least ACV of the insured loss less the deductible, then the remainder as work is performed and expenses are incurred; on a total loss, replacement cost with no reservation or holdback of depreciation (s. 627.7011(3)(a), F.S.)
Replacement cost on personal property — required offerMust offer coverage paying replacement cost without holdback whether or not the property is replaced; the ACV-then-receipts alternative needs clear notice before binding, an actuarially reasonable credit, and no advance payment by the policyholder (s. 627.7011(3)(b)1, F.S.)
Roof deductible — maximumThe lesser of 2% of the Coverage A limit or 50% of the cost to replace the roof; the premium must include an actuarially sound credit; applies only to claims adjusted on a replacement cost basis (s. 627.701(10), F.S., SB 2-D 2022, ch. 2022-268)
Roof deductible — when it does not applyTotal loss to a primary structure under the valued policy law; a hurricane loss as defined in s. 627.4025(2)(c); a roof loss from a tree fall or other hazard that damages the roof and punctures the roof deck; a loss requiring repair of less than 50% of the roof. When it applies, no other deductible may be applied (s. 627.701(10), F.S.)
Roof deductible — actual cash value holdbackThe roof payment may be limited to actual cash value until the insurer receives reasonable proof the deductible was paid: a canceled check, money order receipt, credit card statement, or executed installment or financing contract requiring full payment over time (s. 627.7011(3)(a), F.S.)
Roof age underwriting limitsNo refusal to issue or renew solely because of the age of a roof less than 15 years old; a roof 15 years or older may require inspection first, and no refusal solely on roof age or condition if the inspection shows 5 years or more of useful life remaining (s. 627.7011(5), F.S., SB 2-D 2022, ch. 2022-268; applies to policies issued or renewed on or after July 1, 2022)
Flood disclosure on a homeowner's policyA homeowner's policy that does not provide flood coverage must carry a boldfaced 18-point notice telling the policyholder to consider flood insurance and that the policy does not cover flood damage (s. 627.7011(4), F.S.)
Sinkhole deductible options1%, 2%, 5% or 10% of the policy dwelling limits, with an appropriate premium discount for each; sinkhole loss coverage must be made available for an appropriate additional premium (s. 627.706(1)(b), F.S.)
Catastrophic ground cover collapseMandatory coverage every property insurer must provide: abrupt collapse of the ground cover, a depression visible to the naked eye, structural damage to the covered building including the foundation, and condemnation with a vacation order (s. 627.706(1)(a) and (2)(a), F.S.)
Sinkhole neutral evaluationAvailable to either party once a sinkhole report has issued; mandatory if requested but nonbinding on all parties; the insurer pays reasonable costs; tolls the time to file suit until 60 days after it concludes (s. 627.7074, F.S.)
Valued Policy Law — total lossOn the total loss of a building from a covered peril, liability is the amount for which the property was insured as specified in the policy and for which a premium was charged and paid, absent fraud or criminal fault and absent an unconsented change increasing the risk (s. 627.702(1)(a), F.S.)
Valued Policy Law — combined perils and repair capWhere a covered and a noncovered peril each contributed, liability is limited to the loss caused by the covered peril — unless the covered perils alone would have caused the total loss; never more than the amount necessary to repair, rebuild or replace (s. 627.702(1)(b), F.S.)
Valued Policy Law — where it does not applyUndisclosed other insurance on the same building; two or more buildings blanketed for a single amount; builder's risk on completed value; personal property other than mobile homes and manufactured buildings; structures with no dollar amount specific to them (s. 627.702(3) and (5), F.S.)
Notice of an initial or reopened claimWithin 1 year after the date of loss (s. 627.70132(2), F.S.). Old rule: 2 years under SB 76 (2021); before 2021, 3 years and only for windstorm or hurricane
Notice of a supplemental claimWithin 18 months after the date of loss (s. 627.70132(2), F.S.). Old rule: 3 years under SB 76 (2021)
Notice on a loss assessment coverage claimThe later of 1 year after the date of loss or 90 days after the condominium association or its governing board votes to levy the assessment — and never later than 3 years after the date of loss (s. 627.70132(4), F.S., added by ch. 2024-139)
Date of loss for a hurricane, tornado or windstormThe date the hurricane made landfall, or the date the event is verified by NOAA (s. 627.70132, F.S.)
Insurer must acknowledge a claim communicationWithin 7 calendar days (s. 627.70131(1)(a), F.S.). Old rule: 14 days before SB 2-A
Insurer must begin the investigationWithin 7 days after receiving proof-of-loss statements (s. 627.70131(3)(a), F.S.). Old rule: 14 days
Physical inspection of the propertyWithin 30 days after receipt of the proof-of-loss statements; the adjuster must give the policyholder his or her name and state adjuster license number (s. 627.70131(3)(b), F.S.). Old rule: 45 days
Copy of the adjuster's detailed estimateWithin 7 days after the estimate is generated by the insurer's adjuster — automatic, no policyholder request required (s. 627.70131(3)(e), F.S., added in the 2022 reforms)
Insurer must pay or deny the claimWithin 60 days after receiving notice of an initial, reopened or supplemental claim (s. 627.70131(7)(a), F.S.). Old rule: 90 days before SB 2-A
Homeowner Claims Bill of RightsSent within 14 days after the insurer receives an initial communication about a claim on a personal lines residential policy; it recites existing deadlines and creates no civil cause of action (s. 627.7142, F.S.)
Statute of limitations — property insurance contract5 years, running from the date of loss rather than from the denial (s. 95.11(2)(e), F.S.)
Policy clause shortening the time to sueVoid — any provision fixing a shorter period than the applicable statute of limitations is void (s. 95.03, F.S.), so the two-year Suit Against Us condition cannot cut the five years
Presuit notice of intent to initiate litigationA condition precedent to suit, served through the Department of Financial Services at least 10 business days before filing, identifying the alleged acts or omissions and itemizing the demand where it is not a pure coverage dispute; the insurer responds within 10 business days (s. 627.70152, F.S.)
Property claim mediationInsurer pays the cost; nonbinding, but a settlement signed at the conference binds unless rescinded within 3 business days; excludes commercial coverages, private passenger auto and liability disputes; not eligible under $500 unless both agree (s. 627.7015, F.S.)
Mandatory binding arbitration endorsementAllowed only if all five apply: separate endorsement; actuarially sound premium credit; signed election form disclosing the rights given up including jury trial; s. 627.7015 mediation required before arbitration; and a policy without arbitration is also offered (s. 627.70154, F.S., SB 2-A 2022, ch. 2022-271)
Appraisal umpire — grounds to disqualifyFamilial relationship within the third degree to a party or its representative; prior professional representation of a party in the same claim or property; professional representation of a materially adverse person on the same or a substantially related matter, property or adjacent property; employer or employee of a party within the preceding 5 years (s. 627.70151, F.S.)
Attorney fees in a property insurance disputeOne-way fees are gone. Section 627.428, F.S. was repealed by HB 837 (ch. 2023-15) after SB 2-A ended its application to property claims, and s. 86.121(2), F.S. expressly excludes actions arising under a residential or commercial property policy
Assignment of post-loss benefitsProhibited in whole or in part under any residential or commercial property policy issued on or after January 1, 2023 (s. 627.7152(13), F.S.); assignment of the policy itself still requires the insurer's written consent (s. 627.422, F.S.)
Application statements are representationsA statement in an application or in negotiations is a representation, not a warranty; it prevents recovery only if fraudulent or material to the acceptance of the risk or hazard assumed, or if in good faith the insurer would not have issued the policy, at that rate, in that amount, or covering that hazard (s. 627.409(1), F.S.)
Credit information and residential property claimsAfter the policy has been in force more than 90 days, a residential property claim may not be denied based on credit information available in public records (s. 627.409(3), F.S.) — a narrow rule, not a general amnesty
Matching of undamaged adjoining itemsWhere replaced items do not match in quality, color or size, the insurer shall make reasonable repairs or replacement of items in adjoining areas, weighing cost, achievable uniformity, remaining useful life and other relevant factors; the insurer is not a warrantor of the repairs (s. 626.9744, F.S.)
BindersMay be oral or written and are deemed to include all the usual terms of the policy for which given plus designated endorsements, except as superseded by the binder's clear and express terms; no cancellation or nonrenewal notice required unless the binder exceeds 60 days (s. 627.420, F.S.)
Delivery of the policyMail, deliver or electronically transmit within 60 days after the insurance is effectuated; a personal lines policyholder may elect electronic delivery. Delivery is not a condition of attachment (s. 627.421(1), F.S.)
Required contents of every policyNames of the parties, subject of the insurance, risks insured against, effective time and period, premium, conditions, and the form numbers and edition dates of attached endorsements; surety contracts and group policies are exempt (s. 627.413, F.S.)
Construction of the policy as an entiretyConstrued according to the entirety of its terms as amplified, extended or modified by any rider, endorsement or application attached and made a part of it — an endorsement may broaden as readily as it restricts (s. 627.419(1), F.S.)
Outline of coverage and residential checklistRequired for basic homeowner's, mobile home owner's, dwelling and condominium unit owner policies on the initial policy and each renewal; informational only and prohibited from changing any provision of the contract. The initial-policy-only rule belongs to the motor vehicle outline (s. 627.4143, F.S.)
Notice of change in policy termsAdvance written notice summarizing the change, titled Notice of Change in Policy Terms, within the nonrenewal notice timeframe for that line, with a sample to the agent; since January 1, 2025 in bold type no smaller than 14 points. Renewal premium is deemed acceptance, but if no notice is given the original terms remain in effect (s. 627.43141, F.S.)
Reasons for denial, cancellation or nonrenewalDenial of an application and each notice of nonrenewal or cancellation must be accompanied by specific reasons. This is an underwriting-notice statute; the duty to give reasons for denying a claim is in s. 627.70131(7)(a), F.S. (s. 627.4091, F.S.)
Our Option — right to repair or replaceThe insurer may repair or replace with like kind and quality if it gives written notice within 30 days after receiving the signed sworn proof of loss; the election belongs to the insurer alone (ISO homeowners)
Loss Payment conditionLoss is payable 60 days after the insurer receives the proof of loss AND one of three events occurs — agreement, a final judgment, or the filing of an appraisal award — so the clock starts on the later of the two (ISO homeowners)
Period of restorationBegins 72 hours after the direct physical loss for business income, immediately after the loss for extra expense; ends on the earlier of the date the property should be repaired with reasonable speed and similar quality or the date business resumes at a new permanent location; policy expiration does not cut it short
Extended Business IncomeBegins when operations resume and runs until the business is restored to the condition that would have existed, but no more than 60 consecutive days under the current ISO form; older editions used 30 days and CP 15 04 buys a longer period
Vacancy in commercial propertyFor an owner or general lessee the building is vacant unless at least 31% of total square footage is rented and used, or used by the owner, for customary operations. After more than 60 consecutive days vacant: nothing paid for vandalism, sprinkler leakage, building glass breakage, water damage, theft or attempted theft, and a 15% reduction for any other covered cause
Coverage C special limits (2011 ISO edition)$200 on money, bank notes, bullion, gold and silver other than goldware and silverware, coins and medals, for loss by any peril; $1,500 for theft of jewelry, watches, furs and precious or semiprecious stones; $2,500 for theft of firearms and related equipment. ISO's 2022 edition raised the last two to $2,000 and $3,000
Coverage B Other Structures10% of the Coverage A limit for structures set apart from the dwelling by clear space; use of this coverage does not reduce the Coverage A limit (ISO HO-3)
Coverage D Loss of UseOne total limit shared by Additional Living Expense, Fair Rental Value and Civil Authority Prohibits Use; civil authority is capped at two weeks; the periods are not limited by policy expiration; loss from cancellation of a lease is not covered (ISO HO-3)
Debris removal25% of the sum of the deductible plus the amount paid for the direct physical loss, inside the limit; where that is exhausted the commercial form adds up to $25,000 more per location per occurrence (raised from $10,000 in the 2012 revision); the expense must be reported in writing within 180 days of the date of loss
Homeowners additional coverages worth memorizingFire Department Service Charge $500, no deductible, only for liability assumed by contract and only outside the responding district; Credit Card, EFT Card, Forgery and Counterfeit Money $500, no deductible; Loss Assessment $1,000 per loss regardless of the number of assessments; Landlord's Furnishings $2,500 per apartment per loss for a Coverage C peril other than theft; Trees, Shrubs and Other Plants $500 per tree and 5% of Coverage A aggregate, named perils omitting windstorm and hail; Property Removed, any cause, 30 days
Tenants' improvements and betterments — valuationRepaired promptly: actual cash value. Not repaired promptly: a proportion of original cost equal to days from the loss to lease expiration divided by days from installation to lease expiration. Repaired at others' expense: nothing (ISO commercial property Valuation condition)
Stock sold but not deliveredValued at the selling price as if no loss had occurred, less discounts and expenses the insured would otherwise have incurred — the one place a property form pays more than actual cash value (ISO commercial property Valuation condition)
Value Reporting Form penaltiesFirst report past due at the time of loss: no more than 75% of what would otherwise be paid. A later report missing: capped at the values last reported for that location. Report filed but understated: the full reporting clause reduces payment in the proportion reported values bear to actual values
Liberalization clauseA broadening change made without additional premium applies automatically as of the date the insurer implements it in the state, if that date falls within 60 days before or during the policy period; it does not apply to a general program revision mixing broadenings with restrictions (ISO homeowners)
Volcanic eruption periodOne or more volcanic eruptions within a 72-hour period count as one volcanic eruption, so one deductible applies to the group (ISO homeowners)
Standard mortgage clause versus loss payable clauseStandard (union) clause: a separate contract with the mortgagee whose interest survives the insured's arson, fraud or breach; the mortgagee must pay premium on demand, file a sworn statement of loss within 60 days after notice of the insured's failure, report changes in ownership, occupancy or risk, and gets at least 10 days' notice of cancellation. Open clause (loss payable): the payee's rights rise and fall with the insured's

Casualty Policy Forms for the 2-20 Exam: CGL, Auto, Workers Compensation, Bonds and Umbrella

Occurrence triggerBodily injury or property damage that takes place during the policy period, regardless of when the claim is reported; no retroactive date and no tail needed (ISO CG 00 01)
Claims-made triggerClaim first made during the policy period or an applicable extended reporting period AND injury on or after the retroactive date; both conditions required
Basic vs supplemental ERPBasic attaches automatically at no additional premium for a limited stated time; supplemental must be requested and paid for, typically within 30 to 60 days after termination
Negligence statute of limitations2 years, s. 95.11(5)(a), F.S.; reduced from 4 years by ch. 2023-15, Laws of Florida, effective 24 March 2023 for causes accruing after that date. Older manuals cite s. 95.11(3)(a)
Comparative negligenceModified 51 percent bar: a party more than 50 percent at fault for his or her own harm recovers nothing, s. 768.81(6), F.S. (ch. 2023-15). Does not apply to ch. 766 medical negligence. Florida was pure comparative before 24 March 2023
CGL Coverage ABodily injury and property damage caused by an occurrence in the coverage territory during the policy period; occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions
CGL Coverage B offensesClosed list: false arrest, detention or imprisonment; malicious prosecution; wrongful eviction, wrongful entry or invasion of the right of private occupancy; slander or libel or disparagement; violation of the right of privacy; use of another's advertising idea; infringement of copyright, trade dress or slogan in the insured's advertisement
CGL Coverage CMedical payments without regard to fault; expenses must be incurred and reported to the insurer within one year of the accident date; excludes any insured other than a volunteer worker, workers whose injury is payable under a workers compensation law, athletic participants, and injury within the products-completed operations hazard
CGL two aggregatesGeneral aggregate caps all Coverage A, B and C payments except those within the products-completed operations hazard; the products-completed operations aggregate is a separate annual limit. Neither erodes the other and neither reinstates mid-term
Damage To Premises Rented To YouSublimit sitting inside the Each Occurrence Limit, not outside it; funds the fire carve-back for premises rented to or temporarily occupied by the insured (historically fire legal liability)
Work deemed completedEarliest of: all contract work done; all work at the site done where the contract calls for more than one site; or that part of the work put to its intended use by anyone other than another contractor on the same project
Newly acquired organizationNamed insured status only until the 90th day after acquisition or formation, or the end of the policy period, whichever is earlier, and only where no other similar insurance is available (CG 00 01 Section II)
Fellow employee carve-outEmployees are insureds for acts within the scope of employment, but bodily injury to a fellow employee or volunteer worker, or that person's spouse, child, parent or sibling, arising out of employment is carved out; that claim belongs on Part Two employers liability
Insured contractLease of premises; sidetrack agreement; easement or license agreement; obligation to indemnify a municipality required by ordinance; elevator maintenance agreement; and that part of any other business contract assuming another party's tort liability to a third person. The lease category excludes indemnity for fire damage to premises rented to the insured
Liquor liability exclusionApplies only where the named insured is in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages; merely permitting persons to bring alcohol on the premises is not that business, which preserves host liquor liability
Florida dram shopSection 768.125, F.S.: no liability for furnishing alcohol to a person of lawful drinking age, except against one who willfully and unlawfully serves a person not of lawful drinking age, or knowingly serves a person habitually addicted to alcohol. Lawful drinking age is 21. Unamended since ch. 80-37
Pollution exclusion hingeProng f.(1)(d) attaches where pollutants were brought on to the site in connection with operations by the insured, a contractor or subcontractor; prong f.(2) bars government clean-up demands but preserves damages owed absent the demand. The sudden and accidental carve-back belonged to the 1973 and 1985 editions only
Watercraft exceptionExclusion g. excepts a watercraft the insured does not own that is less than 26 feet long and is not being used to carry persons or property for a charge, and a watercraft while ashore on premises the insured owns or rents
Damage to your work exceptionExclusion l. does not apply if the damaged work, or the work out of which the damage arises, was performed on the insured's behalf by a subcontractor. Endorsement CG 22 94 deletes that exception
Recall (sistership) exclusionExclusion n. bars any loss, cost or expense for loss of use, withdrawal, recall, inspection, repair, replacement or disposal of the insured's product or work withdrawn because of a known or suspected defect; product recall or withdrawal expense insurance is a separate purchase
CG 21 47Employment-Related Practices Exclusion: strips Coverage A and Coverage B for refusal to employ, termination, coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation and discrimination directed at a current, former or prospective employee
Business auto symbol 1Any auto: owned, hired and non-owned, with newly acquired autos automatic and no reporting requirement
Business auto symbols 8 and 9Symbol 8 is hired autos only, excluding autos borrowed from employees or their household members; symbol 9 is non-owned autos used in the insured's business, including employees' own cars while so used
CA 99 10Drive Other Car - Broadened Coverage For Named Individuals: extends liability and optionally medical payments, uninsured motorists and physical damage to a named individual and resident family members while using an auto the named insured does not own
Garagekeepers three basesLegal liability pays only when the insured is legally responsible; direct primary pays regardless of liability and ahead of the customer's insurance; direct excess pays regardless of liability but only over the customer's own coverage
CA 25 03False Pretense endorsement, buying back the auto dealers physical damage exclusion for a covered auto obtained from the insured by trick, scheme or false pretense
Florida dealer insuranceSection 320.27(3), F.S.: at least $25,000 combined single limit liability including bodily injury and property damage, plus $10,000 personal injury protection; franchise dealers must file a garage liability policy, others may use garage liability or general liability plus business auto
Florida dealer bondSection 320.27(10), F.S.: $25,000 surety bond or irrevocable letter of credit, executed by the applicant-dealer as principal, furnished annually before the license is issued; a license and permit bond protecting the public
Florida commercial motor vehicle limitsSection 627.7415, F.S., combined bodily injury and property damage per occurrence: $50,000 for 26,000 to under 35,000 lbs GVW; $100,000 for 35,000 to under 44,000 lbs; $300,000 for 44,000 lbs or more. Vehicles subject to 49 C.F.R. part 387 carry the federal amounts. Violation is a nonmoving traffic infraction
Federal motor carrier minimums49 C.F.R. 387.9: $750,000 for for-hire interstate carriers of non-hazardous property over 10,000 lbs; $1,000,000 for oil and listed hazardous substances; $5,000,000 for bulk hazardous materials
MCS-90Endorsement prescribed by 49 C.F.R. 387.15: a suretyship for the benefit of the public, not an expansion of coverage. The insurer pays any final judgment for public liability from negligent operation regardless of policy description, conditions or exclusions, and the insured must reimburse the insurer for any payment it would not otherwise have owed
Florida compulsory auto$10,000 personal injury protection plus $10,000 property damage liability, s. 324.022, F.S.; bodily injury liability is not compulsory at registration for an ordinary private passenger car. A combined single limit of at least $30,000 satisfies the property damage requirement
Florida proof of financial responsibilitySection 324.021(7), F.S.: $10,000 per person, $20,000 per crash for bodily injury, $10,000 property damage; certified on an SR-22 and required only when a driver must file proof
Florida DUI financial responsibilitySection 324.023, F.S.: $100,000 per person, $300,000 per crash, $50,000 property damage, maintained a minimum of 3 years, certified on an FR-44; the alternative methods of proof in s. 324.031, F.S., apply at these higher amounts. Applies to a DUI under s. 316.193 after 1 October 2007
Motor vehicle definition for PIPSection 627.732(3), F.S.: a self-propelled vehicle with four or more wheels both designed and required to be licensed for use on Florida highways; motorcycles and mobile homes are outside it
PIP benefit percentages80 percent of medical, 60 percent of loss of gross income and earning capacity, 100 percent of replacement services, all within a combined $10,000; plus a $5,000 death benefit per individual under s. 627.736(1)(c), F.S., in addition to the others
PIP 14-day ruleSection 627.736(1)(a), F.S.: initial services and care must be received within 14 days after the accident; missing the window forfeits PIP medical benefits entirely
PIP emergency medical condition$10,000 available only where a physician, osteopathic physician, dentist, physician assistant or advanced practice registered nurse determines an emergency medical condition; otherwise reimbursement is limited to $2,500. A chiropractic physician may render initial care but may not make the determination
PIP deductiblesSection 627.739(2), F.S.: insurers must offer $250, $500 and $1,000 deductibles at application and at renewal; s. 627.739(1) limits the election to the named insured alone or the named insured plus dependent relatives in the same household. The deductible may not reduce the s. 627.736(1)(c) death benefit
PIP overdue and demand letterBenefits are overdue 30 days after written notice of the covered loss, s. 627.736(4)(b), F.S. A presuit demand letter is a condition precedent, s. 627.736(10), F.S.; the insurer cures by paying within 30 days with interest and a 10 percent penalty, subject to a maximum penalty of $250
Florida tort thresholdSection 627.737(2), F.S.: noneconomic damages only where the injury consists of significant and permanent loss of an important bodily function; permanent injury within a reasonable degree of medical probability other than scarring or disfigurement; significant and permanent scarring or disfigurement; or death
UM rejectionSection 627.727(1), F.S.: uninsured motorist coverage is required unless the named insured rejects it in writing on a form approved by the Office; signature creates a conclusive presumption of informed, knowing rejection on behalf of all insureds. An oral rejection is ineffective
UM limitsSection 627.727(2), F.S.: limits not less than the bodily injury liability limits purchased, unless the named insured selects a lower limit in the manner the statute allows
Nonstacked UMSection 627.727(8), F.S.: limits for two or more vehicles are not added together; insurer must file rates reflecting a premium reduction of at least 20 percent; paragraph (8)(b) applies the limit for the vehicle the injured person was occupying. Manuals through the 2022 statutes cite this as subsection (9)
Named driver exclusionSection 627.747, F.S.: a private passenger policy may exclude all claims from operation by an identified individual who is not a named insured, reaching PIP for that individual, property damage liability, bodily injury liability and UM for damages the excluded person sustains; requires written consent and notice
Windshield deductible waiverSection 627.7288, F.S.: deductible provisions of any Florida motor vehicle policy providing comprehensive or combined additional coverage do not apply to windshield damage. Limited to the windshield; last amended in 1997 and untouched by the 2022 and 2023 rewrites
Rental vehicle primacySection 627.7263, F.S.: the lessor's liability and PIP insurance is primary unless stated otherwise in at least 10-point type on the face of the rental agreement, in which case the renter is primary for the limits required by ss. 324.021(7) and 627.736, F.S.
Permissive user vicarious liability capSection 324.021(9)(b)3., F.S.: a natural person who loans a vehicle is liable up to $100,000 per person, $300,000 per incident for bodily injury and $50,000 property damage; if the user is uninsured or carries less than $500,000 combined, up to an additional $500,000 in economic damages only
TNC limitsSection 627.748, F.S.: logged on but not on a prearranged ride, at least $50,000 per person, $100,000 per incident and $25,000 property damage plus PIP and UM/UIM; engaged in a prearranged ride, at least $1,000,000
Florida auto residual marketFlorida Automobile Joint Underwriting Association, s. 627.311(3), F.S., for applicants in good faith entitled to but unable to procure insurance in the voluntary market at standard rates; designated servicing carriers issue policies and handle claims. Citizens is property only; FIGA pays insolvent insurers' claims and issues no policies
WC Information Page Item 33.A. states where the workers compensation law applies to the insured's work; 3.B. employers liability limits; 3.C. other states insurance; 3.D. endorsements. Part One reaches only 3.A. states; monopolistic fund states cannot appear in 3.C.
Part Two limitsBodily injury by accident, each accident; bodily injury by disease, policy limit; bodily injury by disease, each employee. Part One carries no dollar limit because benefits are whatever the statute requires
Longshore endorsementThe Longshore and Harbor Workers' Compensation Act Coverage Endorsement makes that federal act part of the workers compensation law the policy insures; Part Three cannot reach a federal act. Maritime employers liability covers Jones Act crew members instead
Florida WC coverage thresholdsConstruction, 1 or more employees; non-construction private employers, 4 or more; agricultural, a bona fide farmer is outside employment only while employing 5 or fewer regular employees and fewer than 12 seasonal workers working 30 days or less at a time and not more than 45 days in the same calendar year (s. 440.02, F.S.)
Construction officer exemptionNo more than 3 officers of a corporation or any group of affiliated corporations may elect to be exempt; each must own at least 10 percent of the stock and be listed as an officer with the Division of Corporations (s. 440.02, F.S.). Section 440.05, F.S.: $50 fee per request, certificate valid 2 years. Sole proprietors and partners in construction are employees
Statutory employerSection 440.10(1)(b), F.S.: a contractor that sublets work is liable for and must secure compensation for all subcontractor employees on that work, except employees of a sub that has itself secured payment; (1)(c) requires evidence of coverage or an exemption certificate; (1)(d) allows recovery of benefits paid plus interest from the sub
Exclusive remedy and its escapesSection 440.11(1), F.S., extends exclusivity to the employee, legal representative, spouse, parents, dependents and next of kin. An employer that fails to secure coverage loses immunity and the defenses of comparative negligence, assumption of risk and the fellow-servant rule. The intentional tort exception requires clear and convincing evidence of conduct virtually certain to cause injury or death with the danger deliberately concealed. Section 440.11(2) extends immunity to users of a help supply services company's employees
Employee leasing (PEO)Section 468.529, F.S.: the licensed employee leasing company is the employer of leased employees and is responsible for providing workers compensation coverage under ch. 440, with notice duties to its carrier and the state. The client keeps exclusive-remedy immunity under s. 440.11(2), F.S.
Uninsured employer penaltySection 440.107(7)(d)1., F.S.: 2 times the premium the employer would have paid during the preceding 12-month period, or $1,000, whichever is greater; 24 months for repeat offenders and material payroll understatement. Chapter 2022-138 cut the look-back from 2 years and added a 25 percent records reduction and a 15 percent online-tutorial reduction. Conditional release requires a $1,000 down payment
WC waiting periodSection 440.12(1), F.S.: no compensation for the first 7 days of disability except medical benefits under s. 440.13; if disability exceeds 21 days, compensation is allowed from the commencement of the disability
WC maximum and minimum rateSection 440.12(2), F.S.: weekly compensation may not exceed 100 percent of the statewide average weekly wage, and may not be less than $20 per week for injuries after 31 December 1974
WC disability ratesTTD and PTD 66 2/3 percent of AWW; catastrophic TTD 80 percent of AWW for up to 6 months from the accident, s. 440.15(2)(b); TPD 80 percent of the difference between 80 percent of AWW and post-injury earnings, s. 440.15(4)
Impairment income benefitsSection 440.15(3), F.S.: 2 weeks per percentage point for a 1 to 10 percent rating, 3 weeks per point for 11 to 15 percent, 4 weeks per point for 16 to 20 percent, 6 weeks per point at 21 percent and above; paid biweekly at 75 percent of the employee's average weekly TTD benefit
TTD durationSection 440.15(2)(a), F.S., prints 104 weeks. Westphal v. City of St. Petersburg, 194 So. 3d 311 (Fla. 2016), held that cap unconstitutional as applied to a worker still totally disabled and not at maximum medical improvement, and revived the pre-1994 260-week limit. The Legislature has not amended the subsection since
One-time change of physicianSection 440.13(2)(f), F.S.: on the employee's written request the carrier must give one change of physician per accident and authorize a non-affiliated alternative within 5 days; failure passes the choice to the employee, whose selection is deemed authorized
Major contributing causeSection 440.09(1), F.S.: the employment must be more than 50 percent responsible for the injury as compared to all other causes combined; a blood alcohol at or above the s. 316.193 level or a positive confirmed drug test creates a rebuttable presumption that intoxication caused the injury
Mental or nervous injuriesSection 440.093, F.S.: no benefits without an accompanying physical injury requiring medical treatment; proof by clear and convincing medical evidence from a licensed psychiatrist; the physical injury must remain the major contributing cause; temporary benefits for the mental injury run no more than 6 months after maximum medical improvement for the physical injury, counted inside the 104 weeks
WC death benefitsSection 440.16, F.S.: funeral expenses not to exceed $7,500, payable within 14 days after the bill is received; total compensation not to exceed $150,000; spouse alone 50 percent of AWW, spouse with children that amount plus 16 2/3 percent, each child with no spouse 33 1/3 percent, each parent 25 percent, each sibling or grandchild 15 percent, all dependents together capped at 66 2/3 percent of AWW; spouse educational benefit up to 1,800 classroom hours or 80 semester hours, ending 7 years after the death. Unamended since 2014
Drug-free workplace creditSection 627.0915, F.S., directs the Office to approve rating plans giving specific identifiable consideration to employers implementing a drug-free workplace program under s. 440.102, F.S., or a safety program, and requires insurers to notify employers. The statute fixes no percentage
Florida WC residual marketFlorida Workers' Compensation Joint Underwriting Association, Inc., a nonprofit under s. 627.311(5), F.S. Florida has no monopolistic state fund; coverage may also be secured by self-insurance under s. 440.38, F.S.
Surety partiesPrincipal performs, surety guarantees, obligee is protected and makes demand, indemnitor reimburses the surety. A surety expects no loss and has a right of recovery against the principal; an insurer prices for expected losses and has none against its insured
Contract bondsBid bond guarantees the bidder will sign and furnish required bonds; performance bond guarantees completion per the contract; payment bond guarantees subcontractors, laborers and suppliers are paid; maintenance bond guarantees workmanship for a stated period after acceptance; supply bond guarantees delivery of materials
Florida public works bondsSection 255.05, F.S.: payment and performance bond required on formal public construction contracts, with front-page disclosure. State contracts of $100,000 or less exempt; local boards may exempt contracts of $200,000 or less. Amended by ch. 2023-226, Laws of Florida
Public works bond noticesNon-privity claimant: notice to contractor before commencing or not later than 45 days after commencing to furnish; notice of nonpayment no earlier than 45 days after first furnishing and no later than 90 days after final furnishing; suit within 1 year after performance of labor or completion of delivery. A fraudulent notice of nonpayment forfeits the claim
Florida notary bondSection 117.01(7), F.S.: $7,500 bond payable to any individual harmed by a breach of the notary's official duty, given before executing the duties and maintained throughout the term
Judicial bondsAppeal or supersedeas bond stays execution of a money judgment and guarantees the judgment plus interest and costs; bail bond guarantees a criminal defendant's appearance only and requires a ch. 648, F.S. license; fiduciary or probate bonds guarantee executors, administrators, guardians, trustees and receivers
Commercial crime insuring agreementsEmployee Theft; Forgery Or Alteration; Inside The Premises Theft Of Money And Securities; Inside The Premises Robbery Or Safe Burglary Of Other Property; Outside The Premises; Computer And Funds Transfer Fraud; Money Orders And Counterfeit Money
Discovery vs loss sustainedA discovery form covers loss discovered during the policy period or extended discovery period even where the acts predate inception; a loss sustained form covers loss sustained during its own period and reaches a prior canceled policy only through the superseded-coverage provision and only to the earlier limit
Social engineering gapA voluntarily parted transfer induced by deception fails Employee Theft (no dishonest employee), Computer Fraud (no computer-caused transfer of property) and Funds Transfer Fraud (the insured knowingly ordered the wire); only a fraudulent impersonation or social engineering fraud endorsement responds, usually at a lower sublimit
ERISA fidelity bondERISA section 412, 29 U.S.C. s. 1112(a): not less than 10 percent of funds handled, minimum $1,000, maximum $500,000 per plan per year, rising to $1,000,000 where the plan holds employer securities
Umbrella retained limitThe underlying limits where underlying insurance applies, or the self-insured retention where it does not. The umbrella drops down and responds as though primary for a loss no underlying policy covers, once the retention is satisfied
Following-form excessAdopts the underlying policy's terms, conditions, definitions and exclusions and adds only limit above it; never covers what the underlying excludes, never drops down, needs no self-insured retention
OCP versus additional insuredAn owners and contractors protective policy is issued in the indemnitee's name with its own dedicated limit that claims against the contractor cannot erode; additional insured status places the owner on the contractor's policy and shares the contractor's limits
EBL versus fiduciary liabilityEmployee benefits liability covers negligent administration of a benefit program (enrolling, terminating, counseling, records), claims-made with a retroactive date, often by CG 04 35, and excludes ERISA fiduciary breach; fiduciary liability covers that excluded exposure
Florida Civil Rights ActChapter 760, F.S.: covered employer has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year; an aggrieved person may file with the Commission on Human Relations within 365 days of the alleged violation
Florida breach notificationSection 501.171(4)(a), F.S.: notice to each affected Florida individual no later than 30 days after determination; s. 501.171(3)(a): notice to the Department of Legal Affairs on the same 30-day clock where 500 or more Florida individuals are affected, with a 15-day extension available for the individual notice on written good cause; s. 501.171(6)(a): a third-party agent must notify the covered entity within 10 days
Physician financial responsibilitySection 458.320, F.S.: with hospital staff privileges or performing surgery in an ambulatory surgical center, not less than $250,000 per claim and $750,000 annual aggregate; without those privileges, not less than $100,000 per claim and $300,000 aggregate. Satisfied by insurance, escrow or an unexpired irrevocable letter of credit; going bare requires the prescribed sign and patient notice
Medical negligence presuitSection 766.106(3)(a), F.S.: no suit for 90 days after the notice of intent is delivered, during which the defendant must reject, offer settlement, or offer to arbitrate; s. 766.106(4) tolls the statute of limitations as to all prospective defendants. Distinct from the 60-day civil remedy notice under s. 624.155, F.S.
NICA exclusive remedySection 766.303(2), F.S.: the Florida Birth-Related Neurological Injury Compensation Plan is the exclusive remedy against a participating physician and hospital; a civil action survives only on clear and convincing evidence of bad faith, malicious purpose or willful and wanton disregard, and must be filed before the claimant accepts a plan award
Bad faith safe harbourSection 624.155(4), F.S. (ch. 2023-15): no bad faith action, common law included, where the insurer tenders the lesser of the policy limits or the amount demanded within 90 days after actual notice of a claim with sufficient supporting evidence. Mere negligence alone is insufficient, and the insured and claimant owe their own duty of good faith. The 60-day civil remedy notice in s. 624.155(3), F.S., is unchanged
One-way attorney fees repealedSections 627.428 and 626.9373, F.S., were repealed by ch. 2023-15, Laws of Florida, for all lines effective 24 March 2023. Section 86.121, F.S., replaces them only for declaratory relief on coverage after a total coverage denial, does not apply to residential or commercial property policies, and treats a reservation-of-rights defense as not a denial
Negligent securitySection 768.0701, F.S.: the trier of fact must consider the fault of all persons who contributed to the injury, including the criminal third party. Section 768.0706, F.S.: a presumption against liability for the owner or principal operator of a multifamily residential property that substantially implements the listed security measures. Both created by ch. 2023-15
Medical damages evidenceSection 768.0427, F.S. (ch. 2023-15): past paid charges proved by the amount actually paid; unpaid incurred charges by what health coverage would pay or, absent coverage, by a rule referencing 120 percent of the Medicare reimbursement rate; letters of protection must be disclosed with itemised coded billing, factoring sales, insurance status and the identity of the referrer
PIP repeal statusNot repealed. SB 522 and HB 769 both died on 13 March 2026 and HB 1181 (2025) died in committee. Personal injury protection, the $10,000 limit and the 14-day rule all remain Florida law; there is no 25/50/10 bodily injury minimum

Florida Statutes, Rules and Regulations Common to All Lines

Weight of Florida statutes common to all lines on the 2-2015% of the exam; the Florida-law section as a whole is 36% (15% common, 15% property and casualty, 6% additional) (Florida Insurance Examination Content Outlines effective January 1, 2026)
2-20 exam format160 scored questions plus 15 unscored pretest questions, 180 minutes, 70% to pass (Florida Insurance Examination Content Outlines effective January 1, 2026)
Head of the Department of Financial ServicesThe Chief Financial Officer, an elected member of the Cabinet (s. 20.121(1), F.S.)
Financial Services Commission membership and voteGovernor, Attorney General, Chief Financial Officer and Commissioner of Agriculture; action by majority vote consisting of at least 3 affirmative votes (s. 20.121(3), F.S.)
Appointment or removal of an office directorBy majority vote of at least 3 affirmative votes with both the Governor and the Chief Financial Officer on the prevailing side (s. 20.121(3), F.S.)
What OIR regulatesAll activities concerning insurers and other risk-bearing entities: licensing, rates, policy forms, market conduct, claims, certificates of authority, solvency, viatical settlements, premium financing, administrative supervision (s. 20.121(3)(a)1., F.S.)
Response deadline to the Division of Consumer Services14 days after receipt of the division's written request; penalty up to $5,000 per violation for an entity and up to $1,000 per violation for an individual (s. 624.307(10)(b), F.S.; 20 days and $2,500 before July 1, 2023)
Definition of transacting insuranceSolicitation or inducement; preliminary negotiations; effectuation of a contract of insurance; transaction of matters subsequent to effectuation and arising out of it (s. 624.10(5), F.S.)
Domestic, foreign and alien insurerDomestic: formed under the laws of Florida. Foreign: formed under the laws of another US state, district, territory or commonwealth. Alien: neither, so formed outside the United States (s. 624.06, F.S.)
Authorized and unauthorized insurerAuthorized: holds a subsisting certificate of authority issued by the office. Unauthorized: does not (s. 624.09, F.S.)
Transacting insurance without a certificate of authorityFelony of the third degree (s. 624.401(4)(a), F.S.)
Acting as an insurer without a certificate of authority, graded by premium collectedLess than $20,000: third-degree felony, mandatory minimum 1 year. $20,000 to under $100,000: second-degree felony, 18 months. $100,000 or more: first-degree felony, 2 years (s. 624.401(4)(b), F.S.)
Knowingly transacting insurance without a licenseFelony of the third degree, and the same grade applies to knowingly aiding an unlicensed person (s. 626.112(10), F.S.)
Liability for placing business with an unauthorized insurerLiable to the insured for the full amount of the claim or loss not paid, if the person knew or reasonably should have known (s. 626.901(2), F.S.); the contract itself is not invalidated (s. 626.901(3), F.S.)
Furnishing supplies to an unappointed producerProhibited; if business is then accepted the insurer is civilly liable to the insured as if the person had been appointed. Surplus lines under ss. 626.913-626.937 excepted (s. 626.342, F.S.)
Minimum age and residency for a general lines licenseAt least 18 years old, a US citizen or legal alien with work authorization, and a bona fide Florida resident with any other resident license cleared (s. 626.731(1), F.S.)
2-20 prelicensing coursework path200 hours of department-approved coursework in property, casualty, surety, health and marine insurance, 3 hours of which must be on ethics, completed within 4 years before application (s. 626.732(1), F.S.)
2-20 experience path with no courseworkAt least 1 year in responsible insurance duties as a substantially full-time bona fide employee in all lines of property and casualty insurance, within 4 years before application (s. 626.732(1), F.S.)
2-20 combined experience and coursework pathAt least 1 year of responsible duties as a licensed and appointed customer representative, service representative or personal lines agent, plus 40 hours of approved coursework (s. 626.732(1), F.S.)
Examination exemption for a general lines applicantThe CPCU designation exempts an applicant for general lines agent, personal lines agent or all-lines adjuster; CLU is the life and health equivalent. The department may still test on the Florida Insurance Code (s. 626.221, F.S.)
Scope of the 2-20 general lines licenseAll property, marine, casualty and surety lines except bail bonds, which require a chapter 648 license; the license also covers health insurance (s. 626.311(1), F.S.)
Temporary license termNonrenewable, for a period not to exceed 6 months (s. 626.175(1), F.S.)
Who may receive a general lines temporary licenseAn employee, family member, business associate or personal representative of an agent who has died or become unable to perform because of military service, illness or other physical or mental disability (s. 626.175(1), F.S.)
License plus appointment requirementNo person may be, act as, advertise or hold himself or herself out to be an agent, adjuster or customer representative unless currently licensed by the department AND appointed (s. 626.112(1)(a), F.S.)
Appointment renewal cycleRenewal request filed by the appointing entity in the appointee's birth month for natural persons, or the month the original appointment was issued for entities, and every 24 months thereafter (s. 626.381(1), F.S.)
Who pays a late appointment filing feeThe appointing entity; it may not be charged to the appointee (s. 626.381(4), F.S.)
Advance notice to an appointee before terminationAt least 60 days' written notice, unless a ground exists that would subject the appointee to suspension or revocation under s. 626.611 or s. 626.621, or the contract provides otherwise (s. 626.471(1), F.S.)
Filing a termination with the departmentWithin 30 days after terminating the appointment, with a statement that the appointee received the required notice (s. 626.471(2), F.S.)
Filing the reasons and facts for a terminationWithin 10 days after the notice of termination is filed; within 30 days where the appointment was simply not continued or renewed. The filing is confidential and exempt from s. 119.07(1), F.S. (s. 626.511, F.S.)
Branch office of a licensed agencyNo separate agency license if it operates under the same name and federal tax ID, has a designated agent in charge, and its address and telephone number are on file with the department within 30 days after transactions begin there (s. 626.112(7)(b), F.S.)
Penalty for operating an unlicensed insurance agencyAdministrative penalty of up to $10,000 (s. 626.112(7)(c), F.S.)
Lines the agent in charge must be licensed forAt least two of the lines handled at that location; if only one line is handled there, the license for that line (s. 626.0428(4)(a), F.S.)
Change of agent in chargeEffective on notification to the department, which must be provided within 30 days after the change (s. 626.0428(4)(c), F.S.)
Agency license expiration when no agent in charge is designatedIf no replacement is designated within the 30 days allowed and the failure continues for 90 days, the agency license automatically expires on the 91st day from the date the agent in charge ended the affiliation (s. 626.0428(4)(f), F.S.)
Unlicensed clerical employee exemptionSalaried full-time clerical work with incidental taking of applications, quoting or receiving premiums on incoming inquiries in the office, with no commission and no compensation related to production (s. 626.0428(1), F.S.)
Two hard limits on unlicensed agency staffMay not bind coverage, and may not initiate contact with any person for the purpose of soliciting insurance, unless licensed and appointed (s. 626.0428(2) and (3), F.S.)
Customer representative limitsNo life insurance and no line the appointing agent or agency is not licensed for; salaried employee whose compensation is not primarily commission-based; may not transact outside the office of the appointing agent or agency (s. 626.7354, F.S.)
Fictitious or business name filingWritten statement of the name, the address of each office using it, and the name and social security number of each officer and director, filed within 30 days after the initial transaction under that name; changes within 30 days (s. 626.541, F.S.)
Personal liability of an agency officer, director or stockholderPersonally and fully liable for wrongful acts, misconduct or code violations by that licensee or anyone under his or her direct supervision and control; no criminal or disciplinary exposure unless he or she personally committed the act or knew or should have known (s. 626.734, F.S.)
Continuing education update courseA 4-hour update course every 2 years specific to a license held, from a department-approved provider; it was a 5-hour course before ch. 2019-140, Laws of Florida (s. 626.2815(3), F.S.)
Continuing education elective hours by tier20 electives, 24 hours total, standard; 16 electives, 20 hours total, once licensed 6 or more years; 6 electives, 10 hours total, once licensed 25 years or more and a CLU or CPCU or holding a BS or higher in risk management or insurance with 18 or more insurance semester hours (s. 626.2815(3)(a)-(c), F.S.)
Continuing education for a customer representativeA customer representative who is not a licensed life or health agent completes a minimum of 6 hours every 2 years (s. 626.2815(3)(d), F.S.)
Continuing education and appointmentsCompliance is a condition precedent to the issuance, continuation, reinstatement or renewal of any appointment (s. 626.2815(4), F.S.)
Notice of change of name, address, phone or e-mailWritten notice to the department within 30 days; fine up to $250 for a first offense, and for a subsequent offense a fine of at least $500 or suspension or revocation (s. 626.551, F.S.)
Moving out of FloridaA licensee who moves both principal place of residence and principal place of business from this state has the license and all appointments immediately terminated by the department (s. 626.551, F.S.)
Reporting an administrative actionCopy of the order, consent to order or other relevant legal documents to the department within 30 days after final disposition, including actions in any other state or jurisdiction and actions involving securities (s. 626.536, F.S.)
Reporting a felony plea or convictionFailure to inform the department in writing within 30 days is a discretionary ground for discipline (s. 626.621(10), F.S.)
Agent's policy records retentionAt least 5 years after policy expiration, in the office or readily accessible by electronic or photographic means, including daily reports, applications, change endorsements and documents signed or initialed by the insured (s. 626.748, F.S.)
Premium payment records retentionBooks, accounts and records pertaining to a premium payment preserved for at least 3 years after the payment (s. 626.561(2), F.S.)
Fiduciary character of premium moneyAll premiums, return premiums and other funds belonging to insurers or others received in transactions under the license are trust funds held in a fiduciary capacity, accounted for and paid over in the applicable regular course of business; no fixed remittance deadline in days (s. 626.561(1), F.S.)
Separate account requirementFunds belonging to each insurer for which the agent is not appointed, other than a surplus lines insurer, must be kept in a separate account and not commingled (s. 626.561(1), F.S.)
Criminal grading for diverting fiduciary funds$300 or less: first-degree misdemeanor. More than $300 but less than $20,000: third-degree felony. $20,000 to under $100,000: second-degree felony. $100,000 or more: first-degree felony (s. 626.561(3), F.S.)
Controlled business ceilingThe license is used chiefly for controlled business if, during any 12-month period, commissions or other compensation from the licensee's own, family or interested-business risks exceed 50 percent of aggregate commissions and compensation on all coverages procured by or through the licensee (s. 626.730, F.S.)
Who may share a commissionOnly other agents appointed and licensed to write the same kind or kinds of insurance, or a customer representative; never a corporation unless it is an insurance agency; violation carries revocation (s. 626.753, F.S.)
Referral fees to unlicensed personsProhibited where the payment is in any way dependent upon whether the referral results in the purchase of an insurance product; an insurance agency is the carve-out and there is no dollar threshold (s. 626.112(8), F.S.)
Advertising and promotional gift limit$100 or less per insured or prospective insured in any calendar year, including charitable contributions on their behalf; $25 for title insurance agents, agencies and insurers only (s. 626.9541(1)(m), F.S.)
Conditions for lawful commission rebatingAvailable to all insureds in the same actuarial class; schedule filed with the insurer, uniformly applied, prominently displayed in public view at the place of business with free copies on request, and maintained 5 years; the insurer must not prohibit rebating; no discriminatory factors (s. 626.572, F.S.)
Unfair claim settlement practice: affirming or denying coverageFailing to affirm or deny full or partial coverage, and as to partial coverage the dollar amount or extent, or failing to provide a written statement that the claim is being investigated, upon the insured's written request within 30 days after proof-of-loss statements have been completed (s. 626.9541(1)(i)3.e., F.S.)
Paying undisputed first-party property benefitsWithin 60 days after the insurer receives notice of a residential property claim, determines the amounts and agrees to coverage, unless prevented by factors beyond its control; this was 90 days before SB 2-A (ch. 2022-271, Laws of Florida, December 2022 special session) (s. 626.9541(1)(i)4., F.S.)
Altering an adjuster's reportAltering or amending an adjuster's report without a detailed explanation of the changes, a complete listing of them and the identity of each person who ordered them, or without retaining all versions, added by ch. 2023-172, Laws of Florida (s. 626.9541(1)(i)3.j., F.S.)
General unfair trade practice finesUp to $12,500 per nonwillful violation and $100,000 per willful violation; fines against an insurer capped in the aggregate at $50,000 nonwillful and $500,000 willful for violations arising out of the same action (s. 626.9521(2), F.S.; $5,000 / $40,000 / $20,000 / $200,000 before July 1, 2023)
Twisting and churning penaltiesMisdemeanor of the first degree, plus an administrative fine up to $12,500 nonwillful and up to $187,500 willful, where the willful figure requires fraudulent conduct (s. 626.9521(3)(a), F.S.; $5,000 and $75,000 before July 1, 2023)
Fraudulent signature penaltyWillfully submitting fraudulent signatures on an application or policy-related document is a felony of the third degree plus an administrative fine up to $187,500 per violation (s. 626.9521(3)(b), F.S.)
Unfair trade practices during a declared emergencyUp to $25,000 per nonwillful and $200,000 per willful violation related to a covered loss caused by a Governor-declared emergency; insurer aggregates $100,000 and $1 million arising out of the same action (s. 626.9521(3)(c), F.S.)
Aggregate cap for twisting, churning and signature fines$125,000 for all nonwillful and $625,000 for all willful violations arising out of the same action (s. 626.9521(3)(d), F.S.; $50,000 and $250,000 before July 1, 2023)
Administrative penalty against an individual licenseeUp to $500, or up to $3,500 on a finding of willful misconduct or a willful violation, and it may be augmented by any commissions received in connection with the transaction (s. 626.681(1), F.S.)
Administrative penalty against an insurance agencyUp to $10,000 per violation (s. 626.681(2), F.S.)
Time to pay an administrative penaltyThe department may allow a reasonable period not exceeding 30 days; unpaid, the license or appointment stands suspended, revoked or refused (s. 626.681(3), F.S.)
Maximum suspension periodThe department must specify the period and it may not exceed 2 years; reinstatement requires the filing and approval of an application, and a second suspension may require prescribed continuing education (s. 626.641(1), F.S.)
Reapplication after revocationNo application for another license or appointment within 2 years from the effective date of the revocation, or within 2 years from the final court order affirming it if judicial review was sought (s. 626.641(2), F.S.)
Permanent bars after revocationRevocation on the controlled-business ground in s. 626.611(1)(l); revocation on two separate occasions; or revocation resulting from the solicitation or sale of an insurance product to a person 65 years of age or older (s. 626.641(2) and (3), F.S.)
What a suspended or revoked licensee may not doMay not engage in or attempt to profess to engage in any transaction or business for which a license or appointment is required, and may not be employed by any agent, agency, adjuster or adjusting firm; servicing existing accounts still counts (s. 626.641(4), F.S.)
Restitution ordered by the departmentAvailable where any ground for suspension, revocation or refusal exists, payable to a person deprived of money by misappropriation, conversion or unlawful withholding, and it may not exceed the amount involved (s. 626.692, F.S.)
Permanent criminal history barA felony of the first degree, a capital felony, a felony involving money laundering, a felony embezzlement, or a felony directly related to the financial services business (s. 626.207(2), F.S.)
Criminal history disqualifying periods15 years for felonies involving moral turpitude outside the permanent bar; 7 years for all other felonies; 7 years for misdemeanors directly related to the financial services business or to a Florida Insurance Code violation (s. 626.207(3), F.S.)
When a disqualifying period startsOn the applicant's final release from supervision or completion of the criminal sentence, with all fines and restitution paid, not on the date of conviction (s. 626.207(5), F.S.)
Immediate temporary suspension on a felony chargeOn receipt of information or an indictment, the department shall immediately temporarily suspend the license or appointment where the licensee is charged with a felony enumerated in s. 626.207(2), F.S. (s. 626.611(2), F.S.)
Penalty for violating a cease and desist orderUp to $50,000 as to all matters determined in the hearing, plus suspension or revocation of the certificate of authority, license or eligibility (s. 626.9601, F.S.)
Insurance fraud grading by value of property involvedLess than $20,000: third-degree felony. $20,000 to under $100,000: second-degree felony. $100,000 or more: first-degree felony (s. 817.234(11), F.S.)
Required fraud warning statementAll claim forms AND applications must carry a statement approved by the Office of Insurance Regulation warning that knowingly filing false, incomplete or misleading information with intent to injure, defraud or deceive an insurer is a felony of the third degree; reinsurance is excepted (s. 817.234(1)(b), F.S.)
Civil remedy notice60 days' written notice on the department's form, filed with the department and transmitted by it to the insurer's designated e-mail address, is a condition precedent; no action lies if damages are paid or the circumstances are corrected within 60 days after the insurer receives it (s. 624.155(3), F.S.)
Civil remedy notice and appraisalA civil remedy notice may not be filed within 60 days after appraisal is invoked by any party in a residential property insurance claim (s. 624.155(3)(f), F.S.)
Liability insurer safe harborNo bad faith action lies if the insurer tenders the lesser of the policy limits or the amount demanded within 90 days after receiving actual notice of the claim with sufficient supporting evidence; added by ch. 2023-15, Laws of Florida (s. 624.155(4), F.S.)
Negligence and bad faithMere negligence alone is insufficient to constitute bad faith, and the insured's or claimant's own lack of good faith may reduce damages; added by ch. 2023-15, Laws of Florida (s. 624.155(5), F.S.)
Property insurance bad faith gateNo extracontractual claim under s. 624.155(1)(b) arising from a property insurance policy until an adverse adjudication by a court establishes breach and a final judgment is rendered; an appraisal award payment or an accepted offer of judgment does not count (s. 624.1551, F.S.)
Repealed one-way attorney fee statutesSections 627.428 and 626.9373, F.S., were repealed by ch. 2023-15, Laws of Florida, effective March 24, 2023, and neither appears in the current Florida Statutes. The replacement, s. 86.121, F.S., awards fees only on a declaratory judgment after a total coverage denial and does not apply to any action arising under a residential or commercial property insurance policy
Payment of an agreed settlementTender no later than 20 days after the settlement is reached; otherwise interest at 12 percent per year from the date of the agreement, and where tender is conditioned on a release, interest starts when the executed release is tendered (s. 627.4265, F.S.)
Coercion of debtors by lendersA lender may not require that required property insurance be negotiated through a particular insurer, agent or broker, reject a policy solely because the issuer is not associated with a financial institution, or impose a separate handling or substitution charge; disapproval standards must be reasonable and uniformly applied (s. 626.9551, F.S.)
Solicitation hoursInitiating an in-person or telephone solicitation after 9 p.m. or before 8 a.m. local time of the prospective customer, unless the customer requested it, is a discretionary ground for discipline (s. 626.621(17), F.S.)

Florida Statutes for Property and Casualty on the 2-20 Exam

Homeowner Claims Bill of Rights deliveryWithin 14 days after the insurer receives an initial communication with respect to a claim, on a personal lines residential property policy (s. 627.7142, F.S.). It summarizes existing rights and creates no new coverage or duty.
Acknowledge a claim communication7 calendar days (s. 627.70131(1)(a), F.S.). Was 14 days before SB 2-A, ch. 2022-271.
Begin the investigation7 days after the insurer receives the proof-of-loss statements (s. 627.70131(3)(a), F.S.)
Physical inspection of the property30 days after receipt of the proof-of-loss statements (s. 627.70131(3)(b), F.S.)
Copy of a detailed estimate to the policyholder7 days after the estimate is generated; automatic, not on request (s. 627.70131(3)(e), F.S.)
Pay or deny a property claim60 days after notice of an initial, reopened or supplemental claim; late payment bears interest at the s. 55.03 rate from the filing date (s. 627.70131(7)(a), F.S.). Was 90 days before SB 2-A.
Emergency extension of the pay-or-deny deadlineThe Office may allow additional time but may not extend payment or denial by more than 30 additional days (s. 627.70131(5), F.S.)
Preliminary or partial estimate and partial paymentMust carry a boldfaced uppercase statement that the evaluation continues and may be revised, and that additional payments may be issued (s. 627.70131(6), F.S.)
Notice of a claim or reopened claim1 year after the date of loss (s. 627.70132(2), F.S.)
Notice of a supplemental claim18 months after the date of loss (s. 627.70132(2), F.S.)
Superseded notice deadlines3 years for hurricane and windstorm under ch. 2011-39; 2 years for a claim and 3 years for a supplemental claim under SB 76, ch. 2021-77. Both replaced by SB 2-A, ch. 2022-271.
Loss assessment claim noticeThe later of 1 year after the date of loss or 90 days after the association board votes to levy the assessment, and never more than 3 years after the date of loss (s. 627.70132(4), F.S., added by ch. 2024-139)
Date of loss for weather eventsHurricane: the date of landfall. Tornado, windstorm, severe rain or other weather event: the date verified by NOAA (s. 627.70132(3), F.S.)
Suit for breach of a property insurance contract5 years, running from the date of loss (s. 95.11(2)(e), F.S.)
Action founded on negligence2 years (s. 95.11(5)(a), F.S.), cut from 4 years by HB 837, ch. 2023-15
Catastrophic ground cover collapseMandatory in every property policy from an authorized insurer; requires all four of abrupt collapse of the ground cover, a depression clearly visible to the naked eye, structural damage including the foundation, and condemnation with an order to vacate (s. 627.706(1) and (2), F.S.)
Sinkhole loss coverageOptional; the insurer must make it available for an appropriate additional premium. Reaches structural damage from sinkhole activity with no condemnation requirement (s. 627.706(1), F.S.)
Sinkhole deductible options, residential1, 2, 5 or 10 percent of the dwelling limit, each with an appropriate premium discount (s. 627.706(1), F.S.)
Sinkhole claim notice bar2 years after the policyholder knew or reasonably should have known about the sinkhole loss — a discovery trigger, covering initial, supplemental and reopened claims (s. 627.706(5), F.S.)
Demanding sinkhole testing after a denialWritten demand within 60 days after the denial; policyholder pays 50 percent of the actual testing cost or $2,500, whichever is less, and is reimbursed if a sinkhole loss is confirmed (s. 627.707(4)(b), F.S.)
Sinkhole actual cash value holdbackThe insurer may limit payment to actual cash value of the sinkhole loss, excluding underpinning and grouting, until the policyholder contracts for the recommended stabilization and foundation repairs; 90 days to sign after coverage is confirmed, tolled by neutral evaluation (s. 627.707(5), F.S.)
Neutral evaluation of a sinkhole claimNonbinding, but mandatory once either party requests it; the insurer pays the reasonable costs; parties keep access to the courts; filing tolls the time to sue for 60 days after the process ends or the s. 95.11 period, whichever is later (s. 627.7074, F.S.)
Duration of a hurricaneBegins when a hurricane WARNING is issued for any part of Florida by the National Hurricane Center; ends 72 hours after the last hurricane WATCH OR WARNING for any part of Florida terminates (s. 627.4025(2)(c), F.S., as rewritten by ch. 2023-130)
Hurricane deductibles that must be offered$500 and 2, 5 and 10 percent of the policy dwelling limits, personal lines residential (s. 627.701(3)(a), F.S.)
Dwelling limits of $250,000 or moreThe $500 hurricane deductible need not be offered; the percentage options remain mandatory (s. 627.701(3)(d)1., F.S.)
Dwelling limits of $1 million to under $3 millionA 3 percent hurricane deductible may be offered in lieu of the 2 percent deductible (s. 627.701(3)(d)2., F.S.)
Dwelling limits of $3 million or moreThe 2 percent hurricane deductible need not be offered at all (s. 627.701(3)(d)3., F.S.)
Hurricane deductible warningOn the face of the policy, in boldfaced type no smaller than 18 points, stating that the separate hurricane deductible may result in high out-of-pocket expenses (s. 627.701(4)(a), F.S.); the actual dollar value goes on the declarations page (s. 627.701(4)(b), F.S.)
How the hurricane deductible appliesPersonal lines residential: on a calendar-year basis to all covered hurricane losses that year; a later hurricane takes the greater of the remaining hurricane deductible or the all-other-perils deductible (s. 627.701(5)(a), F.S.). Commercial residential: the insurer must make available both an annual deductible and a per-hurricane deductible (s. 627.701(5)(b), F.S.)
Separate roof deductible capThe lesser of 2 percent of the Coverage A limit or 50 percent of the cost to replace the roof (s. 627.701(10)(a), F.S., created by SB 2-D, ch. 2022-268)
When the roof deductible may not be appliedA total loss under the valued policy law; a roof loss resulting from a hurricane; a roof loss from a tree or other hazard that punctures the roof deck; a repair of less than 50 percent of the roof. When it does apply, no other policy deductible applies to that loss (s. 627.701(10), F.S.)
Coinsurance clause disclosureThe words Coinsurance contract: The rate charged in this policy is based upon the use of the coinsurance clause attached to this policy, with the consent of the insured, printed or stamped on the face of the policy (s. 627.701(1), F.S.)
Excluding windstorm coverageThe policyholder personally writes or types, signs and dates the exact statutory statement; every named insured signs; a mortgageholder or lienholder must approve in writing; a properly executed statement presumes an informed, knowing rejection (s. 627.712, F.S.)
Contents-only windstorm exclusionAvailable on its own scripted statement, but not on a condominium unit owner policy or a tenant policy (s. 627.712, F.S.)
Windstorm mitigation discountsResidential rate filings must include actuarially reasonable discounts, credits or rate differentials, or deductible reductions, for roof strength, roof covering performance, roof-to-wall strength, wall-to-floor-to-foundation strength, opening protection, and window, door and skylight strength (s. 627.0629, F.S.). Mandatory, but the amount is actuarially set rather than fixed by statute.
Who may sign a uniform mitigation verification formA licensed home inspector with at least 3 hours of hurricane mitigation training, a certified building code inspector, a licensed general, building or residential contractor, a professional engineer, a professional architect, or another individual the insurer recognizes as qualified. Not a general lines agent (s. 627.711(2), F.S.)
Law and ordinance coverage defaultDeemed included at 25 percent of the dwelling limit unless the insurer obtains the policyholder's written refusal; 50 percent is available only if affirmatively selected (s. 627.7011(1) and (2), F.S.)
Replacement cost payment on a partial dwelling lossPay at least actual cash value less any applicable deductible up front, then the remaining amounts as repairs are performed and expenses incurred (s. 627.7011(3)(a), F.S.)
Total loss of a dwelling on replacement costThe insurer must pay the replacement cost coverage without reservation or holdback of any depreciation (s. 627.7011(3)(a), F.S.)
Personal property replacement costThe insurer must offer contents coverage paying replacement cost without reservation or holdback for depreciation, whether or not the insured replaces the property (s. 627.7011(3)(b), F.S.)
Roof age underwritingNo refusal to issue or renew solely because of roof age where the roof is less than 15 years old; for a roof 15 years or older, the homeowner may obtain an inspection by an authorized inspector at her own expense, and no refusal solely for age if the roof has 5 or more years of useful life remaining (s. 627.7011(5), F.S., added by SB 2-D)
Valued policy lawOn the total loss of an insured building from a covered peril, the insurer owes the amount for which the property was insured as specified in the policy and for which a premium was charged and paid (s. 627.702(1)(a), F.S.). Withdrawn where the loss was caused partly by a noncovered peril unless the covered perils alone would have caused the total loss (s. 627.702(1)(b), F.S.)
Insurer's option to repair in lieu of the valued amountThe insurer may repair or replace the damaged property at its own expense and without contribution from the insured, in lieu of the liability created by s. 627.702(1), returning unearned premium on limits above the cost of repair (s. 627.702(7), F.S.)
Matching of repaired or replaced itemsUnless otherwise provided by the policy, when replaced items do not match in quality, color or size the insurer shall make reasonable repairs or replacement of items in adjoining areas, weighing cost, achievable uniformity and remaining useful life. Florida uses adjoining areas, not a line-of-sight test, and the insurer is not a warrantor of the repairs (s. 626.9744, F.S.)
Citizens eligibility and the private offerA personal lines residential primary residence is ineligible unless the authorized insurer's premium for comparable coverage is more than 20 percent greater than the Citizens premium (s. 627.351(6)(c)5., F.S.). The threshold was 15 percent before December 2022.
Citizens clearinghouseThe same eligibility test applies to offers received through the policyholder eligibility clearinghouse at renewal, not only to new applications (s. 627.3518, F.S.)
Citizens dwelling replacement cost capA personal lines residential structure with a dwelling replacement cost of $700,000 or more is ineligible; in a county where the Office has found no reasonable degree of competition, a structure under $1 million remains eligible (s. 627.351(6)(a)3., F.S.)
Citizens opening protection ruleA personal lines residential structure in the wind-borne debris region with an insured structure value of $750,000 or more is ineligible unless it has Florida Building Code opening protections (s. 627.351(6), F.S.)
Citizens flood insurance conditionPersonal lines residential policyholders with wind coverage must obtain and maintain flood insurance. In a special flood hazard area it is required regardless of dwelling replacement cost; outside one it phases in: January 1, 2024 at $600,000 or more; January 1, 2025 at $500,000 or more; January 1, 2026 at $400,000 or more; January 1, 2027 for all others. Added by SB 2-A; condominium unit owner policies, tenant contents policies and policies excluding windstorm or hail are outside it.
Citizens rate glide pathThe cap on an individual policyholder's annual rate increase rose one point a year — 11 percent in 2022, 12 in 2023, 13 in 2024, 14 in 2025 — and reached 15 percent for 2026 (s. 627.351(6), F.S.)
Florida Hurricane Catastrophe Fund participationMandatory. Every insurer writing covered residential policies must enter into a reimbursement contract with the State Board of Administration as a condition of doing business in Florida; private reinsurance does not excuse it (s. 215.555(4)(a), F.S.)
FHCF reimbursement percentages and covered eventThe insurer elects 45, 75 or 90 percent of its losses above its retention, plus a loss adjustment expense factor. A covered event is any one storm declared to be a hurricane by the National Hurricane Center that causes insured losses in Florida (s. 215.555(2) and (4)(b), F.S.)
FHCF emergency assessmentsLevied on most property and casualty premium when fund obligations exceed resources; workers' compensation, medical malpractice and federal flood premium are excluded (s. 215.555(6), F.S.)
FIGA general covered claim obligationThe amount of each covered claim which is less than $300,000 (s. 631.57(1)(a), F.S.)
FIGA homeowner's claim add-onAn additional $200,000 for the portion of a covered claim relating only to damage to the structure and contents, producing a $500,000 ceiling (s. 631.57(1)(a), F.S.)
FIGA association policiesEach covered claim less than $200,000 multiplied by the number of condominium units or other residential units, for a condominium or homeowners association policy insuring residential units (s. 631.57(1)(a), F.S.)
The FIGA $100 deductibleRepealed. The current text of s. 631.57, F.S. contains no $100 figure. FIGA also never owes more than the insolvent insurer owed under the policy, and is not liable for penalties or interest.
FIGA assessmentsA regular assessment may not exceed 2 percent of the member insurer's direct written premium in Florida for the kinds of insurance in the account; for hurricane-related insolvencies an emergency assessment of up to 4 percent per calendar year is available (s. 631.57(3), F.S.). Insurers recoup by surcharging policyholders.
PIP benefit percentages80 percent of reasonable and medically necessary medical expenses; 60 percent of loss of gross income and loss of earning capacity; all reasonable expenses for replacement services (s. 627.736(1), F.S.)
PIP limits$10,000 combined medical and disability where a qualified provider determines an emergency medical condition existed; $2,500 medical where a qualified provider determines there was none; $5,000 death benefit per individual, outside the $10,000 (s. 627.736(1), F.S.)
PIP 14-day initial services ruleInitial services and care must be lawfully provided, supervised, ordered or prescribed within 14 days after the accident by a qualifying provider. Massage therapy and acupuncture are excluded regardless of who provides them (s. 627.736(1)(a), F.S.)
Overdue PIP benefits and the demand letterOverdue if not paid within 30 days after written notice of the covered loss and the amount, with interest at the s. 55.03 rate (s. 627.736(4)(b), F.S.). A written presuit demand letter is a condition precedent to suit; the insurer then has 30 days to pay the overdue amount plus interest and a 10 percent penalty capped at $250 (s. 627.736(10), F.S.)
PIP provider billing windowA statement of charges may not include services rendered more than 35 days before its postmark date, extended to 75 days if the provider gave notice of initiation of treatment within 21 days after the first examination (s. 627.736(5)(c), F.S.)
Vehicle registration versus financial responsibilityTo register: $10,000 PIP and $10,000 property damage liability, with no bodily injury liability required. Proof of financial responsibility once ch. 324 is triggered: $10,000 per person and $20,000 per crash bodily injury plus $10,000 property damage (s. 324.021(7), F.S.), or a $30,000 combined single limit (s. 324.022(1), F.S.)
Uninsured motorist coverageIncluded at limits not less than the bodily injury liability limits purchased, unless the named insured rejects it or selects lower limits in writing on an office-approved form; a signed form is conclusively presumed to be an informed, knowing rejection for all insureds and carries forward to renewals (s. 627.727(1), F.S.)
UM consent to settleWritten notice by certified or registered mail to each underinsured motorist insurer; it then has 30 days to refuse permission and pay the injured party the amount of the liability insurer's written offer, preserving subrogation (s. 627.727(6)(a), F.S.)
Windshield damage and the comprehensive deductibleThe deductible of a motor vehicle policy providing comprehensive or combined additional coverage does not apply to windshield damage. Side glass, rear glass and sunroofs are not protected (s. 627.7288, F.S.)
Antistacking of motor vehicle coveragesThe insured is protected only to the extent of the coverage on the vehicle involved in the accident; limits on the insured's other vehicles are not added together. The section does not apply to uninsured motorist coverage (s. 627.4132, F.S.)
Rented or leased vehicle coverageThe lessor's liability and PIP coverage is primary unless the rental or lease agreement states otherwise in at least 10-point type on its face (s. 627.7263, F.S.)
Reporting an auto policy cancellationThe insurer must report cancellation or nonrenewal of PIP or property damage liability coverage to the Department of Highway Safety and Motor Vehicles within 10 days after the processing date or the effective date — not to DFS (s. 324.0221(1), F.S.)
Agent per-policy fee on a PIP and PD-only auto policyUp to $10, not part of the premium and fully earned, but only where the policy covers PIP and property damage liability and no other insurance is sold with it (s. 627.7295(5), F.S.)
Cancellation and nonrenewal notice, residential property10 days for nonpayment; 20 days when in effect 60 days or less and not a renewal; 45 days for material misstatement, fraud in the claim, unreasonable repair delay or exhausted limits; 120 days for general nonrenewal, cancellation or termination (s. 627.4133(2)(b), F.S.)
Cancellation and nonrenewal notice, all other linesAt least 45 days' advance written notice of nonrenewal or of the renewal premium, with reasons on a nonrenewal (s. 627.4133(1), F.S.). Private passenger auto: 45 days with reasons, 10 days for nonpayment (s. 627.728, F.S.)
Post-hurricane cancellation moratoriumNo cancellation or nonrenewal of a personal or commercial residential property policy for 90 days after the property has been repaired, where a hurricane or wind loss is the subject of a s. 252.36 emergency declaration and an order of the Commissioner; otherwise until the earlier of repair or 1 year after the final claim payment. Exceptions: 10 days for nonpayment, 45 days for fraud, unreasonable repair delay or exhausted limits (s. 627.4133(2)(e), F.S.)
Notice of Change in Policy TermsRequired whenever a term, coverage, duty or condition is modified, added or deleted, within the timeframe the Code requires for a nonrenewal notice on that line. Without proper notice the original terms remain in effect until the next renewal and proper service, or the effective date of replacement coverage (s. 627.43141, F.S.)
Presuit notice of intent to initiate litigationA condition precedent to suit on a residential or commercial property policy: filed with DFS on the department's form, served at least 10 business days before suit, and never before the insurer has made a coverage determination under s. 627.70131. The insurer must respond in writing within 10 business days; asserting a right to reinspect adds 14 business days (s. 627.70152, F.S.)
Assignment of post-loss benefitsProhibited under any residential or commercial property insurance policy issued on or after January 1, 2023; any such assignment is void, invalid and unenforceable (s. 627.7152(13), F.S.). The content requirements govern only assignments under earlier policies.
One-way attorney feesRepealed. HB 837, ch. 2023-15, Laws of Florida, effective March 24, 2023, repealed ss. 627.428 and 626.9373, F.S. Section 86.121, F.S. allows fees in a declaratory action after a total coverage denial but expressly does not apply to residential or commercial property policies. SB 2-A separately repealed the fee formula in former s. 627.70152(8), F.S.
Civil remedy notice and the cure period60 days' written notice to DFS and the insurer is a condition precedent to a statutory bad faith action; no action lies if the damages are paid or the circumstances corrected within those 60 days (s. 624.155(3), F.S.)
Bad faith safe harbor and mere negligenceNo liability bad faith action, statutory or common law, where the insurer tenders the lesser of the policy limits or the amount demanded within 90 days after actual notice of a claim accompanied by sufficient evidence (s. 624.155(4), F.S.). Mere negligence alone is insufficient to constitute bad faith (s. 624.155(5), F.S.). Both added by HB 837 in 2023.
Modified comparative negligenceAny party found greater than 50 percent at fault for his or her own harm may not recover any damages (s. 768.81(6), F.S., created by HB 837). Does not apply to a medical negligence action under ch. 766, F.S. Under the pure rule that applied before March 24, 2023, a plaintiff 55 percent at fault still recovered 45 percent.
Mediation of a residential property claimNonbinding and paid for by the insurer; a written settlement may be rescinded within 3 business days unless the policyholder has cashed or deposited the check; the insurer must notify of the right at issuance, at renewal and when a first-party claim is filed; ineligible where fraud is suspected, there is no coverage, material misrepresentation is alleged, or the dispute is under $500 (s. 627.7015, F.S.)
Mandatory binding arbitration endorsementPermitted only if all five conditions are met: a separate endorsement attached to the policy; an actuarially sound credit or discount in the premium; a signed election form disclosing the rights given up including a jury trial; compliance with s. 627.7015 mediation before arbitration; and the insurer also offers a policy that does not require arbitration (s. 627.70154, F.S., created by SB 2-A)
Public adjuster compensation caps10 percent of claim payments for claims based on events that are the subject of a Governor's declaration of a state of emergency, for claims made in the year after the declaration; 20 percent for all other claims; 1 percent where the insurer pays or agrees in writing to pay the policy limit for a coverage part within 14 days after the loss or 10 days after the contract, whichever is later. Nothing on amounts the insurer had already committed to pay (s. 626.854(11)(b), F.S.)
Public adjuster contract cancellation and conductThe insured may cancel without penalty within 10 days after execution, or where the contract arises from a declared state of emergency, within 30 days after the date of loss or 10 days after execution, whichever is longer (s. 626.854(7), F.S.). Solicitation only Monday through Saturday, 8 a.m. to 8 p.m. (s. 626.854(5), F.S.). No article of merchandise worth more than $25 as advertising or inducement (s. 626.854(10), F.S.)
Contractor prohibited property insurance practicesA contractor may not offer a rebate, gift, cash, coupon or waiver of an insurance deductible in exchange for a roof inspection or a roof claim, and may not interpret policy provisions, advise on coverages or duties, or adjust a claim without a public adjuster license. Fine up to $10,000 per violation (s. 489.147(2) and (3), F.S.). Knowingly paying, waiving or rebating a deductible with intent to injure, defraud or deceive is a third-degree felony (s. 817.234(7)(d), F.S.)
Condominium unit owner loss assessment coverageA unit owner's residential policy must include at least $2,000 of property loss assessment coverage for all assessments from the same direct loss, with a deductible of no more than $250; no deductible applies if the same direct loss already triggered a deductible under the unit owner's other property coverage. The assessable amount is the limit in effect 1 day before the occurrence (s. 627.714, F.S.)
Condominium association versus unit owner propertyThe association insures all portions of the condominium property as originally installed, but must exclude personal property within the unit and floor, wall and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments — those fall to the unit owner's policy (s. 718.111(11)(f), F.S.)
Disclosure of liability coverage to a claimantWithin 30 days of a written request by the claimant or the claimant's attorney, a liability insurer must furnish a sworn statement of the insurer's name, each insured, the coverage limits, any coverage defense it reasonably believes is available, and a copy of the policy. No lawsuit is required first (s. 627.4137(1), F.S.)
Outline of coverage and checklistA basic homeowner's, mobile home owner's, dwelling or condominium unit owner's policy must be accompanied by a checklist of policy provisions and an outline of coverage on the initial policy and each renewal. The outline may not alter the contract, create a cause of action, or be admissible in a civil action (s. 627.4143, F.S.)
Aftermarket parts and insurer-selected repair shopsNon-original-equipment parts must be at least equal to the original in kind and quality as to fit, appearance and performance, and their use must be disclosed on the estimate. An insurer may require a specific repair shop only on the condition that the vehicle be restored to its pre-loss physical condition as to performance and appearance at no additional cost to the insured (s. 626.9743, F.S.)
Workers' compensation coverage thresholdsEmployment includes all private employment with 4 or more employees, and in the construction industry all private employment with 1 or more employees (s. 440.02(20), F.S.). The employee must advise the employer within 30 days of the injury; the employer must report to its carrier within 7 days of actual knowledge (s. 440.185, F.S.); the first 7 days of disability are not compensated unless disability exceeds 21 days (s. 440.12(1), F.S.)
Failure to secure workers' compensationA stop-work order plus a penalty of 2 times the premium the employer would have paid during the preceding 12-month period, or $1,000, whichever is greater; $1,000 per day for conducting business in violation of an active stop-work order (s. 440.107(7), F.S.)

Property Policy Forms: the HO Series, the DP Forms, and Florida's Coverage Splits

Types of Property Policies exam weight14 percent of the Florida 2-20 General Lines exam, the largest general-knowledge domain on the content outline; 160 scored questions, 15 pretest, 180 minutes, 70 percent to pass
Homeowners Section I coveragesA Dwelling, B Other Structures, C Personal Property, D Loss of Use
Homeowners Section II coveragesE Personal Liability, F Medical Payments to Others
Coverage B limitNot more than 10 percent of the Coverage A limit, a single aggregate for all qualifying other structures; use does not reduce Coverage A (ISO HO 00 03 05 11, Section I Coverage B.3.)
Coverage B exclusionsLand; other structures rented or held for rental to any person not a tenant of the dwelling unless used solely as a private garage; structures from which any business is conducted; structures used to store business property, with a narrow carve-back
Attached versus other structureStructures attached to the dwelling are Coverage A; Coverage B requires separation from the dwelling by clear space, or connection only by a fence, utility line or similar connection
Coverage C customary limitSet in the declarations; the ISO program's customary starting point on an owner-occupied form is 50 percent of Coverage A
Coverage C broad named perilsSixteen: fire or lightning; windstorm or hail; explosion; riot or civil commotion; aircraft; vehicles; smoke; vandalism or malicious mischief; theft; falling objects; weight of ice, snow or sleet; accidental discharge or overflow of water or steam; sudden and accidental tearing apart, cracking, burning or bulging; freezing; sudden and accidental damage from artificially generated electrical current; volcanic eruption
HO-2 Broad FormNamed perils on Coverage A, B and C; replacement cost on the dwelling (ISO HO 00 02)
HO-3 Special FormOpen perils on Coverage A and B, named perils on Coverage C; replacement cost on the dwelling (ISO HO 00 03). The most widely written owner-occupied form
HO-4 Contents Broad FormTenant form: no Coverage A or B; Coverage C broad named perils, plus D, E and F; adds a Building Additions and Alterations additional coverage expressed as a percentage of Coverage C, commonly 10 percent (ISO HO 00 04)
HO-5 Comprehensive FormOpen perils on Coverage A, B and C; the only standard ISO homeowners form with open perils on unscheduled personal property; does not remove the Coverage C special sublimits or the policy exclusions (ISO HO 00 05)
HO-6 Unit Owners FormCoverage A covers alterations, appliances, fixtures and improvements part of the building within the residence premises; items of real property pertaining exclusively to the premises; property that is the insured's insurance responsibility under the association agreement; and structures owned solely by the insured at that location. Coverage A and C are named perils unless a unit-owners Coverage A special coverage endorsement is attached (ISO HO 00 06)
HO-8 Modified Coverage FormNamed perils, narrower than the HO-2 with theft restricted; dwelling losses settled on a functional replacement cost basis for older homes whose replacement cost substantially exceeds market value (ISO HO 00 08)
Coverage C special limits, 2011 edition, any covered peril$200 money, bank notes, bullion, coins, medals, scrip, stored value and smart cards; $1,500 securities, accounts, deeds, evidences of debt, manuscripts, passports, tickets and stamps; $1,500 watercraft including trailers and outboard motors; $1,500 trailers not used with watercraft (ISO HO 00 03 05 11, Coverage C.3.)
Coverage C special limits, 2011 edition, theft only$1,500 for loss by theft of jewelry, watches, furs, precious and semiprecious stones; $2,500 for loss by theft of firearms and related equipment; $2,500 for loss by theft of silverware, goldware, platinumware and pewterware
ISO 2022 homeowners revision, sublimits movedJewelry theft to $2,000, firearms theft to $3,000, silverware theft to $3,000, money to $300. The theft-only structure did not change. Use 2011 figures unless the item or declarations pin the 2022 edition
Coverage C business property sublimits$2,500 on business property on the residence premises; $1,500 on business property away from the premises (2011 edition)
Coverage D grantsOne limit funding Additional Living Expense, Fair Rental Value, and Civil Authority Prohibits Use
Civil Authority Prohibits UseTriggered by direct damage to NEIGHBORING premises by a Peril Insured Against; no damage to the insured's own home required; paid as under ALE and Fair Rental Value for no more than two weeks (ISO HO 00 03, Coverage D.3.)
Debris Removal, fallen treesUp to $1,000 total, no more than $500 for any one tree, for the insured's trees felled by windstorm, hail or the weight of ice, snow or sleet, or a neighbor's trees felled by a Coverage C peril, only if they damage a covered structure or block a driveway or a handicap ramp (2011 edition)
Trees, Shrubs And Other PlantsUp to 5 percent of Coverage A in the aggregate, no more than $500 for any one tree, shrub or plant (2011 edition). Perils: fire or lightning, explosion, riot or civil commotion, aircraft, vehicles not owned or operated by a resident, vandalism or malicious mischief, theft. Windstorm is NOT on the list
Other HO Section I additional coverage limits, 2011 editionFire Department Service Charge $500 with no deductible; Credit Card, EFT card, forgery and counterfeit money $500 with no deductible; Loss Assessment $1,000; Landlord's Furnishings $2,500; Grave Markers $5,000; Property Removed 30 days against any cause
Ordinance Or Law, ISO homeowners formUp to 10 percent of the Coverage A limit in the unendorsed ISO homeowners form. Florida overrides this by statute for a policy covering a Florida dwelling
CollapseThe additional coverage applies only to an ABRUPT collapse; a building or part of a building that is standing is not in collapse even if it shows cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion
Dwelling program eligibilityOne to four family dwellings, owner or tenant occupied, with a limited number of roomers or boarders and certain incidental occupancies; commonly used for rentals, seasonal dwellings and risks that cannot meet homeowners insurance-to-value or occupancy standards
Dwelling program coverage lettersA Dwelling, B Other Structures, C Personal Property, D Fair Rental Value, E Additional Living Expense. No Coverage E personal liability and no Coverage F medical payments anywhere in the program
DP-1 Basic FormBase perils fire, lightning and internal explosion; Extended Coverage group (windstorm or hail, explosion, riot or civil commotion, aircraft, vehicles, smoke, volcanic eruption) for additional premium; vandalism or malicious mischief added separately. Actual cash value loss settlement. Includes Fair Rental Value but not Additional Living Expense (ISO DP 00 01)
DP-2 Broad FormBroad named perils on the dwelling and personal property; replacement cost loss settlement on buildings; includes both Fair Rental Value and Additional Living Expense (ISO DP 00 02)
DP-3 Special FormOpen perils on Coverage A and B, named perils on Coverage C; replacement cost loss settlement on buildings; includes both Fair Rental Value and Additional Living Expense (ISO DP 00 03)
Dwelling Coverage B and loss of use percentagesCoverage B up to 10 percent of Coverage A; loss of use 20 percent of Coverage A in current editions (10 percent in the 1988 edition). Under the DP-1 that use REDUCES the Coverage A limit; under the DP-2 and DP-3 it does not
Theft in the dwelling programNot covered in any dwelling form as issued; added by a broad or limited theft coverage endorsement
Dwelling tenant improvementsImprovements, Alterations and Additions: a tenant may use up to 10 percent of the Coverage C limit, and use does not reduce the Coverage C limit
Hurricane occurrence periodBegins when a hurricane warning is issued for ANY PART of Florida by the National Hurricane Center; ends 72 hours after termination of the last hurricane watch or warning issued for any part of Florida (s. 627.4025(2), F.S.; amended by ch. 2023-130, L.O.F.)
Hurricane coverage scopeLoss caused by the peril of windstorm during a hurricane, plus ensuing damage to the interior or to property inside caused by rain, snow, sleet, hail, sand or dust if the direct force of the windstorm first damages the building and creates an opening (s. 627.4025(2), F.S.)
Hurricane deductible offer$500, 2 percent, 5 percent and 10 percent of policy dwelling limits, unless the percentage would be less than $500. The $500 option need not be offered at dwelling limits of $250,000 or more; a 3 percent option may replace the 2 percent at $1 million or more but less than $3 million; the 2 percent option need not be offered at $3 million or more (s. 627.701(3), F.S.)
Hurricane deductible noticeA policy with a separate hurricane deductible must carry a statement in 18-point boldfaced type warning of high out-of-pocket expenses; the actual dollar value must be computed and displayed on the declarations page; a roof deductible requires its own separate page in 18-point boldfaced type (s. 627.701(4), F.S.)
Hurricane deductible, annual applicationApplies on an annual basis to all covered hurricane losses in the calendar year under one or more policies from the same insurer or insurer group. For a subsequent hurricane the insurer may apply the GREATER of the remaining hurricane deductible or the all-other-perils deductible (s. 627.701(5)(a), F.S.)
Separate roof deductible, capMay not exceed the LESSER of 2 percent of the Coverage A limit or 50 percent of the cost to replace the roof; requires an actuarially sound premium credit; applies only to claims adjusted on a replacement cost basis; policyholder may opt out on an Office-approved form (s. 627.701(10), F.S.; added by ch. 2021-77, L.O.F.)
Separate roof deductible, four barsMay not be applied to a total loss to a primary structure adjusted under the valued policy law; a roof loss resulting from a hurricane; a roof loss from a tree fall or other hazard that damages the roof and punctures the roof deck; or a roof loss requiring repair of less than 50 percent of the roof. When applied, no other deductible may be applied to that loss or to any other loss from the same covered peril (s. 627.701(10), F.S.)
Windstorm coverage and its exclusionInsurers must provide windstorm coverage on residential property policies and must make available an exclusion at the policyholder's option. A natural person must personally write or type the statutory statement, sign it, and have every other named insured sign and date it; a mortgaged structure also needs the mortgageholder's written approval (s. 627.712, F.S.; amended by ch. 2023-217, L.O.F.)
Contents exclusion and the Citizens carve-outInsurers must also make available an exclusion of contents coverage, except on condominium unit owner and tenant policies. Except for the mortgagee-notice paragraph, s. 627.712 does not apply to risks eligible for wind-only coverage from Citizens
Law and ordinance offerBefore issuing a homeowner's policy the insurer must offer replacement cost excluding law and ordinance costs, and replacement cost including them capped at 25 percent or 50 percent of the dwelling limit as selected by the policyholder (s. 627.7011(1), F.S.)
Deemed law and ordinance coverageUnless the insurer obtains the policyholder's written refusal on an Office-approved form, any policy covering the dwelling is deemed to include law and ordinance coverage limited to 25 percent of the dwelling limit. Notice of availability at least once every 3 years (s. 627.7011(2), F.S.)
Law and ordinance 50 percent damage thresholdThe coverage applies only to repairs of the damaged portion of the structure unless total damage to the structure exceeds 50 percent of its replacement cost (s. 627.7011(1)(b), F.S.)
Replacement cost payment mechanicsInsurer must initially pay at least actual cash value less any deductible, then the balance as work is performed and expense incurred; on a total loss to the dwelling it must pay replacement cost without reservation or holdback of depreciation; it must not require the policyholder to advance payment for replaced personal property (s. 627.7011(3), F.S.)
Roof deductible and the ACV holdbackWhere a roof deductible under s. 627.701(10) applies, the insurer may limit the roof claim payment to actual cash value until it receives reasonable proof the policyholder paid the roof deductible: a canceled check, money order receipt, credit card statement, or an executed installment plan or other financing arrangement requiring full payment over time (s. 627.7011(3), F.S.; added by ch. 2024-182, L.O.F.)
Roof age underwritingNo refusal to issue or renew a homeowner's policy solely because of roof age where the roof is less than 15 years old. At 15 years or more, the insurer must allow an inspection by an authorized inspector before requiring replacement, and may not refuse solely on roof age if the inspection shows 5 years or more of useful life remaining (s. 627.7011(5), F.S.; roof-age rule added 2022, calculation method added by ch. 2024-182, L.O.F.)
How roof age is calculatedThe last date on which 100 percent of the roof's surface area was built or replaced under the building code then in effect, or the initial date of a partial roof replacement where subsequent partial replacements resulted in 100 percent of the surface area being built or replaced (s. 627.7011, F.S., as amended by ch. 2024-182, L.O.F.)
Condominium association policy, what it must coverPrimary coverage for all portions of the condominium property as originally installed or replacement of like kind and quality per the original plans and specifications, and for alterations or additions made to the condominium property or association property (s. 718.111(11), F.S.)
Condominium association policy, what it must excludeAll personal property within the unit or limited common elements, and floor, wall and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments including curtains, drapes, blinds, hardware and similar components, or replacements of any of the foregoing, located within the unit boundaries and serving only that unit. Such property and any insurance on it is the unit owner's responsibility (s. 718.111(11), F.S.)
Condominium unit owner loss assessmentA Florida residential condominium unit owner's policy must include at least $2,000 in property loss assessment coverage for all assessments from the same direct loss, with a deductible of no more than $250 per direct property loss, and no deductible at all if one was or will be applied to other property loss the same owner sustained from that same direct loss. The maximum payable is the limit in effect 1 day before the occurrence, and the coverage is excess over other insurance on the same property (s. 627.714, F.S.)
Catastrophic ground cover collapseMANDATORY on every Florida property policy. All four elements required: abrupt collapse of the ground cover; a depression in the ground cover clearly visible to the naked eye; structural damage to the covered building including the foundation; and the insured structure condemned and ordered vacated by the governmental agency authorized to issue such an order (s. 627.706, F.S.)
Sinkhole loss coverageStructural damage to the covered building including the foundation caused by sinkhole activity. The insurer must only MAKE IT AVAILABLE for an appropriate additional premium, and may require an inspection before issuance. A residential property policy MAY include a sinkhole deductible of 1, 2, 5 or 10 percent of the dwelling limits; the menu is permissive, not a required offer (s. 627.706, F.S.; the mandatory-versus-make-available structure dates to ch. 2007-1, L.O.F.)
NFIP Dwelling Form maximum limits$250,000 building and $100,000 contents for a one-to-four-family residential structure; $500,000 and $500,000 for non-residential. Building and contents are separate purchases with separate deductibles
NFIP loss settlementReplacement cost on the BUILDING only where it is a single-family dwelling, is the policyholder's principal residence, and is insured to at least 80 percent of full replacement cost at the time of loss or the maximum NFIP amount available. Contents, appurtenant structures, appliances and carpeting are always actual cash value
NFIP principal residence testThe insured or the insured's spouse lived in the dwelling at least 80 percent of the 365 days immediately before the loss, or 80 percent of the period of ownership if owned less than a year
NFIP definition of floodA general and temporary condition of partial or complete inundation of two or more acres of normally dry land or of two or more properties, at least one of which is the policyholder's, from overflow of inland or tidal waters, unusual and rapid accumulation or runoff of surface waters, or mudflow; also shoreline collapse or subsidence from erosion or an unusually high water level
NFIP waiting periodGenerally 30 days from application and presentment of premium. Exceptions: coverage bought in connection with making, increasing, extending or renewing a loan (effective at closing); an initial purchase during the 13 months following a map revision newly placing the building in a Special Flood Hazard Area; and certain post-wildfire flooding on federal land
NFIP Increased Cost of ComplianceCoverage D, up to $30,000 toward elevation, relocation, demolition or floodproofing after the community declares the building substantially or repetitively damaged. Requires building coverage. The combined direct building loss and ICC payment cannot exceed the maximum building limit for that occupancy
Florida private flood categoriesStandard (mirrors the NFIP policy including deductibles and loss adjustment); preferred (stand-alone, broader, must extend flood to water intrusion from outside the structure, must provide ALE, and must adjust repaired or replaced personal property at replacement cost); customized (broader than standard); flexible (may be narrower in the listed ways); supplemental (written to supplement an NFIP or insurer policy, may cover jewelry, art, deductibles and ALE) (s. 627.715, F.S.; amended by ch. 2025-145, L.O.F.)
Mobilehome endorsement removal coverageUp to $500 with no deductible for the reasonable cost of moving the mobile home to a safe place when endangered by a Peril Insured Against; increasable for additional premium by a property removed increased limit endorsement. No Florida statute makes it open-ended
Mobile home and the residential rulesA mobile home owner's policy is residential coverage under the Florida insurance code, so the personal lines residential rules apply, including the hurricane deductible requirements of s. 627.701, F.S. and the windstorm exclusion mechanics of s. 627.712, F.S.
Citizens replacement cost eligibility barA structure with a dwelling replacement cost of $700,000 or more is ineligible for personal lines residential coverage, raised to $1 million in areas the Office of Insurance Regulation determines lack a reasonable degree of competition (s. 627.351(6), F.S.)
Citizens renewal ineligibilityA personal lines residential policyholder becomes ineligible on receiving an offer of comparable coverage from an authorized insurer at a premium not more than 20 percent greater than the Citizens renewal premium, inclusive of Citizens surcharges and assessments. The 20 percent renewal trigger came in with ch. 2022-271, L.O.F. (December 2022 special session); earlier manuals show no renewal-side percentage band
Citizens flood insurance phase-inFor Citizens personal lines residential policies that include wind coverage: dwelling replacement cost $600,000 or more from January 1, 2024; $500,000 or more from January 1, 2025; $400,000 or more from January 1, 2026; all such structures including tenant policies from January 1, 2027. Separately, risks in a FEMA special flood hazard area needed flood coverage at issuance for new policies on or after April 1, 2023 and by renewal for policies renewing on or after July 1, 2023, regardless of value. Policies without wind coverage are not subject to the requirement
Claim notice deadlinesA claim or reopened claim under a property insurance policy must be given within 1 year after the date of loss; a supplemental claim within 18 months after the date of loss. History: created by ch. 2011-39 as a 3-year deadline reaching windstorm and hurricane claims only; ch. 2021-77 widened it to all property claims at 2 years and 3 years; ch. 2022-271 cut those to the current figures; further amended by ch. 2024-139 (s. 627.70132, F.S.)
Valued policy lawOn a total loss to a building by a covered peril, the insurer owes the amount for which the property was insured as specified in the policy and for which premium was charged and paid. Where the loss was caused in part by a covered peril and in part by a noncovered peril, liability is limited to the amount of the loss caused by the covered peril unless the covered peril alone would have caused the total loss (s. 627.702, F.S.)
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