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Medical malpractice insurance in Florida

Florida sets financial-responsibility rules for allopathic physicians under Chapter 458 and osteopathic physicians under Chapter 459. For many physicians the threshold is $100,000 per claim and $300,000 aggregate, with $250,000 and $750,000 applying in specified hospital-privilege or ambulatory-surgical-center circumstances. The statutes allow insurance and other financial-responsibility options, and some physicians may elect an uninsured exemption with patient notice and financial consequences. These are scoped legal requirements, not universal business requirements or suggested policy limits. 1,2

What Is Medical Malpractice?

Medical malpractice insurance can pay defense costs and covered damages when a patient claims a clinician’s care caused harm. If you provide health care, match the quote to your practice, clinicians, specialties and procedures, then check who is insured. Read the national Medical malpractice guide.

Florida Requirements

RequirementDetails
Allopathic physiciansGenerally $100,000 per claim and $300,000 aggregate; specified hospital staff or ambulatory surgical-center privileges raise the required financial responsibility to $250,000 per claim and $750,000 aggregate. Statutory exceptions and alternatives apply. 1
Osteopathic physiciansChapter 459 has parallel financial-responsibility rules and privilege-based thresholds, with its own exemptions and notice conditions. 2

What to Watch for in Florida

  • These provisions name physician license groups

    The cited statutes govern allopathic and osteopathic physicians under separate chapters. They do not establish a single rule for every healthcare practitioner, practice entity, or business. Check each clinician’s license and any separate facility or contract requirement. 1,2

  • Privileges can change the required amount

    Hospital staff privileges and surgical-center practice can trigger the higher amount; the precise subsection and exceptions depend on the physician’s status. Confirm actual privilege and facility facts before treating the lower threshold as sufficient. 1,2

  • An uninsured election has notice and exposure consequences

    Some physicians who meet statutory criteria can elect not to carry coverage or indemnity, but must give prescribed notice and can face payment and licensing consequences after an adverse judgment. That election is not insurance and does not provide a defense. 1,2

Who Regulates Insurance in Florida

Florida Office of Insurance Regulation

The Florida Office of Insurance Regulation licenses and regulates insurance companies and reviews rates and forms. The Department of Financial Services separately licenses insurance agents and handles consumer insurance complaints; its resource page links to both state license searches. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 4.94% of gross premium plus a 0.03% FSLSO service fee for policies effective July 1, 2026 or later When Florida is the insured’s home state, Florida taxes the entire gross premium at 4.94%; the premium definition includes policy and similar insurance charges. The separate FSLSO service fee is 0.03% for policies effective July 1, 2026 or later. Surplus-lines policies do not receive Florida Insurance Guaranty Association protection. 6,7,8

Florida Surplus Lines Service Office

Providers With Documented State Licenses

These providers publish a national listing for Medical malpractice; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Florida. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 11
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 15

Questions to Ask Before You Buy in Florida

  1. Is the clinician licensed under Chapter 458 or 459, and do hospital or ambulatory surgical center privileges raise the applicable threshold?
  2. Does the quote cover the practice entity as well as the physician, including the services and locations in the application?
  3. Are defense costs outside or inside the limit, and what claims-made tail or prior-acts terms apply if the practice changes carriers?

Medical Malpractice in Florida: FAQ

What malpractice limit does Florida require a physician to carry? 1,2

The cited allopathic and osteopathic statutes generally begin at $100,000 per claim and $300,000 aggregate, rising to $250,000 and $750,000 for specified privileges. They provide alternative financial-responsibility methods and exceptions; determine which subsection fits the physician. 1,2

Does every Florida medical business have to carry these physician limits? 1,2

The cited provisions are tied to physician licensing classes under Chapters 458 and 459, and their specific privilege and exemption rules. They are not a universal rule for every health-care business or every practitioner. Separate entity, facility, contract, and other professional rules may apply. 1,2

Medical Malpractice in Other States

Other Coverage in Florida

Sources

  1. Florida Statutes § 458.320. Florida Senate; 2026 statute, § 458.320(1)–(8), allopathic physician requirements, privilege-based threshold, methods, exemptions, and notice. Accessed 2026-09-28.
  2. Florida Statutes § 459.0085. Florida Senate; 2026 statute, § 459.0085(1)–(8), osteopathic physician financial responsibility and exceptions. Accessed 2026-09-28.
  3. Florida Office of Insurance Regulation. Florida Office of Insurance Regulation; Official regulator homepage; insurer regulation. Accessed 2026-09-28.
  4. Resources. Florida Office of the Insurance Consumer Advocate; State page links to DFS agent search and OIR active company search. Accessed 2026-09-28.
  5. Get Insurance Help. Florida Department of Financial Services; Insurance concern and formal complaint intake; consumer helpline. Accessed 2026-09-28.
  6. Florida Statutes § 626.932: Surplus lines tax. Florida Legislature; 4.94% tax on gross premium; home-state taxation; statutory definition of premium. Accessed 2026-09-28.
  7. FSLSO Bulletin 2026-02. Florida Surplus Lines Service Office; Service-fee rate effective July 1, 2026: 0.03%. Accessed 2026-09-28.
  8. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  9. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  10. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  11. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  12. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  13. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  14. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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