Citizens Property Insurance Corp. v. Nekouee
An insured, after appraisers agreed on the loss amount, refused to sign Citizens' Appraisal Award form and filed a declaratory judgment action seeking a determination of his rights regarding the form without seeking damages, and did not first serve presuit notice under section 627.70152. The Second District granted certiorari and quashed the trial court's denial of Citizens' motion to dismiss, holding that section 627.70152's presuit notice requirement applies to 'all suits arising under' a residential property insurance policy, including declaratory judgment actions that seek no monetary relief, and that this suit 'arises under' the policy because it turns on interpretation of policy terms.
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