Associate Attorney
In Tang v. Citizens Property Insurance Corp.(Fla. 3d DCA Apr. 8, 2026), the Third District affirmed an order compelling arbitration, holding that Citizens did not waive its right to arbitrate by denying coverage.
What happened:
Homeowners sued Citizens over a denied property claim and argued the arbitration provision was unenforceable and waived.
Citizens had issued simultaneous notices: continuing its denial and electing arbitration. It then promptly moved to compel arbitration.
The trial court granted the motion. The Third District affirmed.
The court held that section 627.351(6)(l)1., Florida Statutes, expressly allows Citizens to require coverage disputes to be resolved through DOAH arbitration — and such policies are not subject to section 627.70154.
The court also rejected waiver. Citizens did not participate in litigation or act inconsistently with its arbitration rights. A denial of coverage alone does not constitute waiver.
Why it matters (for trial lawyers):
• Section 627.351(6)(l) overrides section 627.70154
• Waiver requires litigation conduct — not just a coverage denial
• Courts resolve waiver issues in favor of arbitration
Takeaway:
A coverage denial does not waive arbitration. If Citizens timely invokes arbitration and avoids litigation conduct, courts will enforce the provision.
Don’t rely on older “denial = waiver” cases — the statutory scheme and policy language will control
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