Florida Statute 627.70152 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.70152

627.70152 Suits arising under a property insurance policy.—

(1) APPLICATION.—This section applies exclusively to all suits arising under a residential or commercial property insurance policy, including a residential or commercial property insurance policy issued by an eligible surplus lines insurer.

(2) DEFINITIONS.—As used in this section, the term:

(a) “Claimant” means an insured who is filing suit under a residential or commercial property insurance policy.

(b) “Disputed amount” means the difference between the claimant’s presuit settlement demand, not including attorney fees and costs listed in the demand, and the insurer’s presuit settlement offer, not including attorney fees and costs, if part of the offer.

(c) “Presuit settlement demand” means the demand made by the claimant in the written notice of intent to initiate litigation as required by paragraph (3)(a). The demand must include the amount of reasonable and necessary attorney fees and costs incurred by the claimant, to be calculated by multiplying the number of hours actually worked on the claim by the claimant’s attorney as of the date of the notice by a reasonable hourly rate.

(d) “Presuit settlement offer” means the offer made by the insurer in its written response to the notice as required by subsection (3).

(3) NOTICE.—

(a) As a condition precedent to filing a suit under a property insurance policy, a claimant must provide the department with written notice of intent to initiate litigation on a form provided by the department. Such notice must be given at least 10 business days before filing suit under the policy, but may not be given before the insurer has made a determination of coverage under s. 627.70131. Notice to the insurer must be provided by the department to the e-mail address designated by the insurer under s. 624.422. The notice must state with specificity all of the following information:

1. That the notice is provided pursuant to this section.

2. The alleged acts or omissions of the insurer giving rise to the suit, which may include a denial of coverage.

3. If provided by an attorney or other representative, that a copy of the notice was provided to the claimant.

4. If the notice is provided following a denial of coverage, an estimate of damages, if known.

5. If the notice is provided following acts or omissions by the insurer other than denial of coverage, both of the following:

a. The presuit settlement demand, which must itemize the damages, attorney fees, and costs.

b. The disputed amount.

Documentation to support the information provided in this paragraph may be provided along with the notice to the insurer.

(b) A claimant must serve a notice of intent to initiate litigation within the time limits provided in s. 95.11. However, the notice is not required if the suit is a counterclaim. Service of a notice tolls the time limits provided in s. 95.11 for 10 business days if such time limits will expire before the end of the 10-day notice period.

(4) INSURER DUTIES.—An insurer must have a procedure for the prompt investigation, review, and evaluation of the dispute stated in the notice and must investigate each claim contained in the notice in accordance with the Florida Insurance Code. An insurer must respond in writing within 10 business days after receiving the notice specified in subsection (3). The insurer must provide the response to the claimant by e-mail if the insured has designated an e-mail address in the notice.

(a) If an insurer is responding to a notice served on the insurer following a denial of coverage by the insurer, the insurer must respond by:

1. Accepting coverage;

2. Continuing to deny coverage; or

3. Asserting the right to reinspect the damaged property. If the insurer responds by asserting the right to reinspect the damaged property, it has 14 business days after the response asserting that right to reinspect the property and accept or continue to deny coverage. The time limits provided in s. 95.11 are tolled during the reinspection period if such time limits expire before the end of the reinspection period. If the insurer continues to deny coverage, the claimant may file suit without providing additional notice to the insurer.

(b) If an insurer is responding to a notice provided to the insurer alleging an act or omission by the insurer other than a denial of coverage, the insurer must respond by making a settlement offer or requiring the claimant to participate in appraisal or another method of alternative dispute resolution. The time limits provided in s. 95.11 are tolled as long as appraisal or other alternative dispute resolution is ongoing if such time limits expire during the appraisal process or dispute resolution process. If the appraisal or alternative dispute resolution has not been concluded within 90 days after the expiration of the 10-day notice of intent to initiate litigation specified in subsection (3), the claimant or claimant’s attorney may immediately file suit without providing the insurer additional notice.

(5) DISMISSAL OF SUIT.—A court must dismiss without prejudice any claimant’s suit relating to a claim for which a notice of intent to initiate litigation was not given as required by this section or if such suit is commenced before the expiration of any time period provided under subsection (4), as applicable.

(6) ADMISSIBILITY OF NOTICE AND RESPONSE.—The notice provided pursuant to subsection (3) and, if applicable, the documentation to support the information provided in the notice:

(a) Are not admissible as evidence in any proceeding.

(b) Do not relieve any obligation that an insured or assignee has to give notice under any other provision of law.

(7) TOLLING.—If a claim is not resolved during the presuit notice process and if the time limits provided in s. 95.11 expire in the 30 days following the conclusion of the presuit notice process, such time limits are tolled for 30 days.

History.—s. 12, ch. 2021-77; s. 16, ch. 2022-268; s. 17, ch. 2022-271.

F.S. 627.70152 on Google Scholar

F.S. 627.70152 on Casetext

Amendments to 627.70152

Arrestable Offenses / Crimes under Fla. Stat. 627.70152

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.70152.

Annotations, Discussions, Cases:

Cases Citing Statute 627.70152

Total Results: 10

Gary Smith and Nadine Smith v. Universal Property and Casualty Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-08T00:00:00-08:00

Snippet: before the Smiths’ lawsuit was filed, section 627.70152, Florida Statutes (2021), was enacted, requiring… (Fla. 4th DCA 2023), which held that section 627.70152 applies retroactively, Universal moved for summary…relying on Cole, disagreed, found that section 627.70152 should be applied retroactively, and because the…further noted that “the Legislature wrote section 627.70152 and included the effective date against the backdrop…388 So. 3d 242 (Fla. 3d DCA 2024), that section 627.70152 is procedural in nature and applies to all insurance

Pamela King v. People's Trust Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-13T00:00:00-07:00

Snippet: complaint for failing to comply with section 627.70152(3), Florida Statutes. Based on our recent decision

Buis, Buis v. Universal Property & Casualty Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-06T00:00:00-07:00

Snippet: requirement in section 627.70152(3), Florida Statutes (2021). See § 627.70152(3)(a) ("As a condition…of section 627.70152. The Third and Fourth Districts have concluded that section 627.70152 can apply retroactively…that the trial court erred by applying section 627.70152 retroactively to an action founded on their homeowners…without disputing that application of section 627.70152 to the Buises' cause of action does constitute…the Sixth District has concluded that section 627.70152 cannot apply retroactively because it lacks clear

Citizens Property Insurance Corporation v. Cheria Walden

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-04T00:00:00-07:00

Snippet: with the presuit notice requirements of section 627.70152 of the Florida Statutes. For the following reasons… an insured’s failure to comply with section 627.70152’s presuit notice requirements is reviewable via…precedent to a medical malpractice suit.”). Section 627.70152 cannot be meaningfully enforced on post-judgment… 3 insured’s compliance with section 627.70152’s presuit notice requirements presents an issue…dismiss, presents an issue of law”). Section 627.70152 – which “applies exclusively to all suits arising

Alma Sanchez v. Security First Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-06T00:00:00-08:00

Snippet: lawsuit. § 627.70152(5), Fla. Stat. (2021).3 II. Retroactive Application of Section 627.70152 …ecause the presuit notice requirement of section 627.70152(3), taken in context, is procedural in nature…action without prejudice pursuant to section 627.70152(5).”); Cole v. Universal Prop. & Cas. Ins.…ecause the presuit notice requirement of section 627.70152 applies retroactively as a procedural provision…(Fla. 6th DCA 2023) (“[W]e find that section 627.70152 is substantive and cannot be applied retroactively

Fernando Cantens and Ana Marie Cantens v. Certain Underwriters at Lloyd's London, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-14T00:00:00-08:00

Snippet: under section 627.70152(5) for failure to provide presuit notice. Moreover, section 627.70152(3) itself … this action, section 627.70152 contained the now-repealed subsection 627.70152(8), which limited an insured…of Financial Services, as required by section 627.70152(3), Florida Statutes. They argue that the trial…determination of coverage under s. 627.70131. § 627.70152(3)(a), Fla. Stat. (2021). The trial court is required…failing to provide notice as required by section 627.70152(3). They argue only that the statute cannot be

JOHN SULZER AND JEANETTE ROBERTS SULZER v. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-08T00:00:00-08:00

Snippet: enactment of Section 627.70152. Prior to the enactment of Section 627.70152, recovery of attorneys…PER CURIAM. This case concerns Section 627.70152, Florida Statutes, which was enacted by the Florida… Company”), prior to the enactment of Section 627.70152. After allegedly suffering 1 This…first filing a pre-suit notice under Section 627.70152. The Insurance Company filed a motion to dismiss…the Hughes opinion with the heading “Section 627.70152, Florida Statutes (2021),” the majority performs

REBECCA HUGHES v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-22T00:00:00-08:00

Snippet: section 627.70152, Florida Statutes (2021). She filed her lawsuit, however, after section 627.70152’s enactment…dispute resolution process. § 627.70152(4)(b). Section 627.70152(5) imposes a penalty of dismissal…section 627.70152 creates a safe harbor for insurance companies. Before section 627.70152’s enactment…intend for section 627.70152 to apply retroactively. Section 627.70152’s text contains no…Legislature intended section 627.70152 to apply retroactively, section 627.70152 is substantive under

HERMAN COLE v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-03T00:53:00-07:00

Snippet: section 627.70152. The trial court found that Menendez was “distinguishable and section 627.70152 is clear…presuit notice requirements of section 627.70152(3). In section 627.70152, the legislature expressed a clear…appellant filed suit, the legislature enacted section 627.70152, Florida Statutes (2021), which included a required…appellant filed suit, the legislature enacted section 627.70152, Florida Statutes, with an effective date of July…disagree. The legislature enacted section 627.70152 with an effective date of July 1, 2021. Ch. 2021

WATER DAMAGE EXPRESS, LLC a/a/o JOANNE DILLARD v. FIRST PROTECTIVE INSURANCE COMPANY D/B/A FRONTLINE INSURANCE

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-16T00:53:00-07:00

Snippet: be awarded only as provided in s. 57.105 or s. 627.70152, as applicable.” Ch. 2021-77, § 9, Laws of Fla