Universal Property and Casualty Insurance Company v. Montilva Davila
The Fourth DCA reversed a final judgment for the insured and ordered dismissal without prejudice, holding that the trial court should have dismissed the case when the insured failed to comply with §627.70152(3)(a)'s presuit notice requirement before filing suit against Universal Property. The dismissal must be without prejudice to allow the insured to serve proper notice and refile.
Key facts
- Universal Property and Casualty Insurance Company sued for declaratory relief after Montilva Davila filed suit against it on a property insurance claim without first serving the statutorily required notice of intent to initiate litigation.
- The trial court proceeded to judgment in favor of the insured despite the failure to comply with §627.70152(3)(a)'s presuit notice requirement.
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Why it matters
This decision reinforces the mandatory nature of §627.70152(3)(a)'s presuit notice requirement in first-party property insurance litigation. Consistent with the growing body of DCA opinions on this statute, the Fourth… — full analysis with a trial
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