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6th DCAJanuary 8, 2024Reversed and Remanded; Conflict Certified⚡ Circuit Split Resolved

Sulzer v. American Integrity Insurance Co. of Florida

Case No. 6D2023-0391

The Sixth DCA, following its decision in Hughes v. Universal Property & Casualty, held that section 627.70152's pre-suit notice requirement does not apply retroactively to insureds whose policies and losses predated the statute's 2021 enactment, and reversed the dismissal of the insureds' breach-of-policy suit. The court again certified direct conflict with the Fourth DCA's decision in Cole v. Universal Property & Casualty Insurance Co.

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