![]() 2010), involving an amendment to the Florida PIP statute which created several “problematic provisions,” including the imposition of a penalty, changes that implicated attorney’s fees, and imposed a presuit notice requirement. In response to the carrier’s motion to dismiss, the insured argued that his case was analogous to Menendez v. As a condition precedent to filing a lawsuit against a carrier, this statute requires an insured to provide the Florida Department of Financial Services with notice of his/her intent to initiate litigation. However, the insured did not sue his carrier until after July 1, 2021. The insured submitted his insurance claim prior to the effective date of section 627.70152, Florida Statutes (July 1, 2021). In Cole, the insured sued his homeowners’ insurance carrier claiming breach of contract. The District Court found the trial court’s dismissal was not an error, and the trial court “correctly determined that requiring enforcement of the legislatively enacted presuit notice requirements did not impair appellant’s substantive rights” The insured appealed the dismissal, claiming the new presuit notice requirement impaired his substantive rights under the insurance policy. 4th DCA May 3, 2023).įlorida’s Fourth District Court of Appeal affirmed the trial court’s dismissal of an insured’s breach of contract action due to the insured’s failure to file a formal notice of intent to initiate litigation against the carrier as required by the recent statute. Senior Associate | First-Party Coverage, The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021).
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