Citizens Property Insurance Corp. v. Walden
Citizens sought certiorari review of an order denying its motion to dismiss an insured's amended complaint for failure to give the presuit notice required by section 627.70152. The Third DCA held, as a matter of first impression, that certiorari review is available for orders denying dismissal based on noncompliance with section 627.70152's presuit notice, analogizing to chapter 766 medical malpractice presuit cases, and quashed the order because the insured's 'declaratory judgment' pleading was in substance a first-party breach of contract claim.
Key facts
- Citizens Property Insurance Corporation sought certiorari review of a trial court order denying its motion to dismiss an amended complaint filed by an insured for failure to comply with the presuit notice requirement in section 627.70152.
- The insured filed a complaint styled as a declaratory judgment action under chapter 86, but the substance of the pleading sought damages for the insurer's alleged underpayment of a covered property loss.
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Why it matters
This is the first Florida appellate decision holding that certiorari lies to review denial of a motion to dismiss under section 627.70152, giving property insurers an immediate interlocutory remedy rather than waiting… — full analysis with a trial
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