Florida homeowners who bought insurance before July 1, 2021, do not have to send their insurer formal notice before filing a lawsuit. The Florida Supreme Court ruled unanimously.
At issue is a 2021 provision that requires policyholders to file written notice with the state of their intent to sue at least 10 business days before filing a lawsuit against an insurer. The law was passed during a crisis in the insurance market, and insurance companies used it to get lawsuits dismissed when the notice was missing.
The case involved Rebeka Hughes, a Collier County resident whose home was damaged by flooding in 2019. Her insurer, Universal Property & Casualty, paid her a settlement, but she considered it too low and filed suit in August 2021 without the notice. The trial court dismissed the case, the appeals court sided with her, and the Supreme Court has now confirmed that decision. The justices found that the provision cannot be applied retroactively to policies signed before the law took effect, because the Legislature did not state so explicitly.
The ruling came Oct. 22. According to attorneys, it may open the door to the courts for some homeowners whose cases were dismissed precisely because of the missing notice, provided the statute of limitations has not run out. Experts say there are likely hundreds of such cases rather than thousands, mainly in South Florida. People who may be affected should consult an attorney.
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Source: Słoneczne Radio
