St. Pierre v. State Farm Florida Insurance Company
The Fifth DCA reversed the trial court's dismissal of the homeowners' insurance complaint, reaffirming that §627.70152's pre-suit notice requirement does not apply retroactively to homeowner's insurance policies issued before the statute's enactment. Consistent with Smith v. Universal Property & Casualty Insurance Co. (5th DCA 2024).
Key facts
- Ronald and Beth St. Pierre held a State Farm Florida homeowners insurance policy that was issued before the enactment of §627.70152, Florida Statutes, which was part of the 2021 insurance reform legislation.
- The St. Pierres filed a residential property insurance claim and subsequently brought suit against State Farm; State Farm moved to dismiss arguing the complaint failed to comply with §627.70152's mandatory pre-suit notice requirement.
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Holdings
- Section 627.70152, Florida Statutes, which imposes a pre-suit notice requirement for residential property insurance claims, does not apply retroactively to insurance policies issued before…
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Why it matters
The 5th DCA continues its consistent line holding §627.70152 non-retroactive. Homeowners with policies issued before the 2021 insurance reform legislation may pursue claims without satisfying the pre-suit notice… — full analysis with a trial
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