When Florida lawmakers approved Senate Bill 76 in 2021, requiring a 10-day notice before suits are filed against insurers, it was seen as a big step in stemming what had become a flood of claims litigation.
Since then, questions have lingered about when the pre-suit notice applies: Does the policy date or the claims date or the lawsuit date govern? This month, the state’s 6th District Court of Appeal provided an answer, albeit one that conflicts with another recent appellate decision. The court found that a homeowner did not need to provide the notice if the policy pre-dates the law, even if the suit came after the law was adopted.
In Rebecca Hughes vs. Universal Property & Casualty Insurance Co., the appeals court reversed a Collier County Circuit Court dec