Universal Property & Casualty Insurance Company v. Marie Suffrat
The Third DCA reversed a jury verdict for a homeowner insured on two independent grounds. First, following Cantens v. Certain Underwriters at Lloyd's London, the court held that § 627.70152(3)'s pre-suit notice of intent to litigate is procedural in nature and applies to all property insurance policies regardless of inception date, requiring dismissal for failure to plead compliance. Second, the court held that a property insurer does not waive its late notice defense by asserting alternative affirmative defenses in the same answer.
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