Once a property insurance policy has been in place for 90 days, the insurance company has limited options for rescinding the policy. An auto insurance policy has even fewer grounds for cancellation. It cannot cancel a policy unless the cancellation is for one of a few reasons listed in Florida Statutes. The insurance company must also follow a certain procedure for rescission of a policy, or else the policy must stay in effect.
Tampa Insurance Rescission Lawyer
Michael B. Germain is an experienced Tampa insurance lawyer who helps insurance policy owners whose policies have been unfairly rescinded, especially after making a significant claim. He is knowledgeable in Florida insurance law and understands how to work with insurance companies that have wrongly canceled a client’s policy. If you have had a rescission of your property or auto insurance policy, call the Germain Law Group, P.A. at (813) 835-8888 or submit an online form for a confidential consultation.
Germain Law Group, P.A. proudly represents clients throughout Central Florida and Hillsborough County, including Tampa, Sun City Center, Hunters Green, and surrounding communities.
Florida Insurance Rescission Information
- The 90-Day Mark for Property Insurance Cancellation
- Legal Reasons for Property Insurance Rescission
- Rescission of Auto Insurance Policy
- Finding the Best Attorney to Fight Your Insurance Rescission
For the first 90 days of an insurance policy, an insurance company may cancel it. The law assumes that an insurance company can use this time to complete the underwriting process. If during the process, the insurance company determines not to underwrite the property, it may cancel.
If the insurer decides to cancel the policy during the 90 days, it must send a written notice 20 days in advance of the cancellation to inform the policyholder than the policy will be rescinded.
After the 90-day mark, the insurer may rescind a property insurance policy for only a few reasons under Florida Statute § 627.4133.
After 90 days, an insurer may only cancel a policy according to reasons in Florida Statute § 627.4133(2)(b)(4)(b). Those reasons include:
- A material misstatement;
- Nonpayment of a premium;
- Failure to comply with the underwriting requirements;
- A substantial change in risk; or
- If the cancellation applies to an entire class of insured persons.
A material misstatement essentially means the insurance company is saying the insured lied on his or her application. A substantial change in risk is more vague, but vague portions of the law are construed by Florida courts against the insurance company.
If an insurer plans to cancel a policy for any of the above reasons, it must provide written notice at least 45 days before the cancellation.
For an auto insurance policy, the rules and grounds for rescission are found in Florida Statute § 627.728. The policy may be either liability insurance or full coverage insurance.
Under the law, cancellation of an auto insurance policy can only be made if there was a material misrepresentation or fraud, if a premium is not paid, or if the policy holder’s driver’s license or the driver’s license of someone in the policy holder’s household, is suspended or revoked. If the rescission is for license suspension, it may be cancelled if the license was suspended 180 days before the policy was put in place.
The insurer cannot cancel a policy because the insured was involved in an accident or many accidents. This law does not apply to renewals.
The cancellation notice must be mailed at least 45 days prior to the cancellation date. If the insurer intends to not renew, it must mail its intent 45 days in advance.
If your policy has been unfairly rescinded, a Florida insurance lawyer can represent you in seeking to get the policy reinstated, or to recover any damages you may have suffered, including denied claims. Michael B. Germain understands Florida insurance law and is experienced with representing consumers against insurance companies. Contact Germain Law Group, P.A. today at (813) 835-8888 or submit an online form to schedule a confidential review of your case.
Germain Law Group, P.A. zealously advocates for clients throughout Florida, including Hillsborough, Pasco, Pinellas, Polk, Hernando, and Citrus Counties.