The decisions
- Citizens Property Insurance Corp. v. Nekouee (2nd DCA, August 14, 2026) — Second DCA holds section 627.70152 presuit notice applies to declaratory judgment actions seeking no damages, including appraisal-form disputes, and grants certiorari to quash denial of dismissal. Read it →
- Vainberg v. Florida Insurance Guaranty Association (4th DCA, August 12, 2026) — Fourth DCA holds a suit for breach of a Drew election-to-repair contract supports section 627.428 fees, and FIGA's post-substitution litigation conduct can constitute denial under section 631.70. Read it →
- Citizens Property Insurance Corp. v. Oppenheimer (3rd DCA, August 12, 2026) — In a case of first impression, the Third DCA holds a successive same-grounds section 57.105 motion opens a new 21-day safe harbor, and dismissal within it defeats sanctions. Read it →
- Generali-U.S. Branch v. Springel (4th DCA, August 19, 2026) — Fourth DCA affirms travel-insurance coverage, treating a materially changed condition as a 'Sickness' commencing during coverage and foreseeability as a fact question reviewed for competent substantial evidence. Read it →
- Citizens Property Insurance Corporation v. Maria Blanco Suarez (3rd DCA, August 19, 2026) — Third DCA holds pre-suit late-notice and document-production defenses can supply a reasonable basis for a nominal section 768.79 proposal without discovery, and reverses a good-faith fee denial. Read it →
- Newman v. American Home Assurance Company, Inc. (S.D. Fla., August 17, 2026) — Southern District holds section 627.70131 statutory interest is recoverable as bad-faith damages without a separate count, strikes insured-conduct defenses, and treats appraisal awards as determining liability. Read it →
The practical upshot
- Serve section 627.70152 presuit notice before any suit under a property policy, including declaratory actions seeking no damages, at least in the Second District.
- Before re-serving a section 57.105 safe-harbor notice on grounds already pending, weigh that it gives the opponent a new 21-day window to dismiss and avoid sanctions.
- When evaluating fee exposure, account for Drew repair-contract claims under section 627.428 and for nominal proposals grounded in defenses apparent from the pre-suit record.
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