The decisions
- Universal Property & Casualty Insurance Co. v. Hughes (FL Supreme Court, October 22, 2026) — Settles statewide that section 627.70152's presuit notice requirement does not apply to suits under policies issued before July 1, 2021, disapproving the Fourth District's Cole decision. Read it →
- Markel Insurance Co. v. Coral Gables Lodge No. 260 Free and Accepted Masons of Florida (S.D. Fla., October 7, 2026) — Holds at the pleading stage that a duty to defend 'against any suit' excludes funding the insured's compulsory counterclaim, an issue no Florida appellate court has resolved. Read it →
- Citizens Property Insurance Corp. v. Rodriguez (3rd DCA, October 28, 2026) — Joins the First District in barring awards of both current market rates and prejudgment interest on the same attorney's fees, treating both as compensation for delay. Read it →
- Homeowners Choice Property & Casualty Insurance Co. v. Moise (3rd DCA, October 28, 2026) — Affirms homeowner judgment for demolition-vibration cracking: earth movement exclusions raised a jury question on expert testimony, and the coverage denial waived post-loss-obligation defenses. Read it →
- The Cincinnati Insurance Co. v. Monogram Builders, Inc. (M.D. Fla., October 20, 2026) — Holds that defect complaints alleging a general contractor's own failure to supervise trigger neither 'without fault' nor 'caused, in whole or in part, by' additional-insured endorsements. Read it →
- Reed v. Citizens Property Insurance Corp. (6th DCA, October 16, 2026) — Confirms confession of judgment does not apply when insureds sue mid-appraisal without a claims breakdown, and that section 627.70152(4)(b) sets no appraisal-completion deadline. Read it →
Plus 5 more insurance decisions in October 2026 — all in the tracker.
The practical upshot
- Check policy issue dates in pending property suits; Hughes defeats presuit-notice dismissal arguments under section 627.70152 for policies issued before July 1, 2021.
- In contested fee hearings, choose either current market rates or prejudgment interest for each timekeeper; Third and First District authority bars recovering both.
- Before filing suit during an ongoing appraisal, assess whether the claims process has actually broken down; otherwise confession-of-judgment fees are unlikely in the Sixth District.
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