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Court says Florida presuit notice applies to all property insurance suits
The ruling sent a homeowner’s declaratory-judgment case back for dismissal without prejudice, allowing refiling only after written notice to the state is sent.
Florida’s appeals court ruled that the state presuit notice requirement for property insurance disputes applies to every property-insurance lawsuit, even a case that seeks a ruling rather than damages.
In the dispute, Citizens denied a residential hurricane damage claim on the basis that the loss fell below the policy deductible. After the homeowner hired an adjuster who placed the loss well above the deductible, Citizens refused to reconsider. The homeowner then demanded appraisal, agreed on an appraisal amount through the two hired appraisers, and argued Citizens’ appraisal process required signing a form the homeowner said added conditions not contained in the policy.
The homeowner sued to obtain a declaratory judgment about whether the insurer’s form improperly imposed extra conditions, not to recover money. The trial court allowed the case to proceed, but the appeals court quashed that decision, finding that the presuit notice statute covers suits arising under residential or commercial property insurance policies, and that “all suits” includes declaratory actions. It concluded the dispute arose under the policy because resolving the claim required interpreting the policy itself.
The appeals court ordered dismissal without prejudice, meaning the homeowner can refile if he sends the required written notice. Insurance Business reports the decision reinforces a procedural gate for insurers and claims professionals, where skipping presuit notice can lead to dismissal regardless of the relief sought.