Old Republic Life Insurance v. Rucks
Old Republic Life Insurance v. Rucks
Opinion of the Court
This is an appeal from a judgment for attorney's fees. The appellant claims that under Section 627.401(2), Florida Statutes (1975), attorney’s fees are not recoverable on insurance contracts not issued for delivery in Florida.
The appellant sold the appellee’s deceased husband two policies of credit life insurance on loans made to the Rucks by the Federal Land Bank of Columbia, South Carolina. Mr. Rucks was a Florida resident, the policies were purchased in Florida, and certificates of insurance were issued in Florida. The certificates referred to a master policy on file with the Federal Land Bank in Columbia.
Section 627.401(2) provides that the statute authorizing the recovery of attorney’s fees, Section 627.428(1), is not applicable to contracts of insurance not issued for delivery in Florida. However, Section 627.401(5) states that the only provision of Part II of Chapter 627 [which includes Sections 627.-401(2) and 627.428(1)] applicable to credit life insurance policies is Section 627.428(1), attorney’s fees. In addition, in a previous review of this case, this court held that the contract of insurance consists of both the certificate and the master policy. Bucks v. Old Republic Life Insurance Co., 345 So.2d 795 (Fla. 4th DCA 1977).
Accordingly, the judgment of the trial court is affirmed.
. Blue Cross of Florida, Inc. v. Turner, 363 So.2d 133 (Fla. 1st DCA 1978).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.