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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

Archives for March 2024

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Insurance — Property — Insured’s action against insurer — Conditions precedent — Presuit notice — No error in dismissing insureds’ breach of contract action based on insureds’ failure to provide written presuit notice of intent to initiate litigation as required by section 627.70152(3), despite the fact that policy was issued before the effective date of the statute — Because subsection 627.70152(1) applies the statute to “all suits” arising under a residential or commercial property insurance policy, and because subsection 627.70152(3) serves as a condition precedent to filing a suit under a property insurance policy, the statute contains a clear legislative intent to apply retroactively to all claims regardless of when a policy was issued — Additionally, retroactive application of statute was not improper because the presuit notice requirement is procedural, not substantive, in nature — Conflict certified

49 Fla. L. Weekly D360a FERNANDO CANTENS and ANA MARIE CANTENS, Appellants, v. CERTAIN UNDERWRITERS AT LLOYD’S LONDON, etc., Appellee. 3rd District. Case No. 3D22-0917. L.T. Case No. 21-27680 CC. February 14, 2024. An Appeal from the County Court for Miami-Dade County, Michael G. Barket, Judge. Counsel: Your Insurance Attorney, PLLC, and Joshua R. Lopez Read More »

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