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.
Key facts
- Insured refused to sign Citizens Property Insurance's Appraisal Award form after appraisers agreed on the loss amount and filed a declaratory judgment action seeking determination of his rights regarding the form without seeking monetary damages.
- Insured did not serve presuit notice on the Department of Financial Services as required by section 627.70152 before filing suit.
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Why it matters
The court states it is the first Florida DCA to squarely hold that section 627.70152's presuit notice requirement applies to declaratory judgment actions seeking no damages — an issue the Third District expressly… — full analysis with a trial
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