Compliance with Presuit Notice Requirements under Section 627.70152
FLWSUPP 3208WATT
Insurance – Property – Supplemental Claims – Premature Lawsuit – Presuit Notice Requirements
20th Judicial Circuit, Lee County, September 23, 2024
Case No. 24-CA-004622
Judge: Alane Laboda
This case examines whether a plaintiff complied with the statutory presuit notice requirements under Florida Statute 627.70152 before initiating a lawsuit over a supplemental insurance claim. The court determined the notice was invalid and dismissed the lawsuit as premature.
Case Overview
Akeyia Watts filed a lawsuit against Edison Insurance Company after submitting a supplemental claim for property damage. Edison moved to dismiss, asserting that Watts’s presuit Notice of Intent to Litigate was filed before the insurer issued a coverage determination on the supplemental claim, violating statutory requirements.
The court granted Edison’s motion to dismiss, finding that Watts’s presuit notice was invalid under Florida law.
Key Issues and Court Findings
1. Presuit Notice Requirements
- Under Section 627.70152(2)(a), a claimant must provide written notice of intent to litigate at least 10 business days before filing suit, but not before the insurer has made a coverage determination under Section 627.70131.
- Watts submitted her notice on June 4, 2024, before Edison issued a determination on her supplemental claim.
2. Definition of Supplemental Claim
- A supplemental claim involves new or additional damages identified after an initial adjustment.
- The court found that Watts’s claim for a full roof replacement and other property repairs constituted a supplemental claim, first reported through her Notice of Intent to Litigate.
3. Timing of Coverage Determination
- Florida Statute 627.70131 gives insurers 90 days to investigate and issue a determination on a supplemental claim. Edison’s deadline was September 2, 2024.
- By submitting her notice before this deadline, Watts failed to comply with the statutory requirement.
4. Premature Filing of Lawsuit
- Compliance with presuit notice requirements is a condition precedent to filing a lawsuit.
- The court ruled that Watts’s failure to adhere to these requirements rendered her lawsuit premature and invalid as a matter of law.
Conclusion
The court dismissed the case without prejudice, allowing Watts to refile once she fulfills the statutory presuit requirements. This decision underscores the importance of adhering to procedural conditions precedent in property insurance disputes.
Key Takeaway:
Strict compliance with presuit notice requirements is essential when pursuing property insurance claims in Florida. Claimants must ensure all statutory conditions are met before initiating litigation.