Associate Attorney
In Universal Property & Casualty Insurance Co. v. Griffin (Fla. 4th DCA Feb. 25, 2026), the Fourth District reversed a jury verdict for an insured in a property insurance dispute because the insured failed to comply with the statutory pre-suit notice requirement.
What happened:
The insured filed a breach of contract action after the insurer denied a claim for water damage caused by a plumbing leak. But before filing suit, the insured did not submit a notice of intent to initiate litigation to the Florida Department of Financial Services as required by section 627.70152, Florida Statutes.
The insurer moved to dismiss. The trial court denied the motion, reasoning the statute did not apply because the policy predated — and had expired before — the statute’s July 1, 2021 effective date. The case proceeded to trial, where the jury awarded $50,000.
The Fourth District reversed. Relying on Cole v. Universal Property & Casualty Insurance Co., 363 So. 3d 1089 (Fla. 4th DCA 2023) the court held that section 627.70152’s pre-suit notice requirement is procedural and applies retroactively. Because the insured failed to file the required notice, the case should have been dismissed without prejudice.
Why it matters (for trial lawyers):
Section 627.70152 requires claimants to:
• File a notice of intent to initiate litigation with DFS
• Do so at least 10 business days before filing suit
Failure to comply requires dismissal — even if the policy predates or expired before the statute’s enactment.
Takeaway:
If a property insurance suit is filed after July 1, 2021, the pre-suit notice requirement likely applies. Missing it can undo the entire case — even after a jury verdict.
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