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.
Key facts
- Suffrat's residential property was insured by Universal for the policy period February 6, 2017 to February 6, 2018; Hurricane Irma damaged the property on September 10, 2017, while the policy was in effect.
- Suffrat did not report the loss to Universal until September 2, 2020 — approximately three years after the storm — despite making multiple, inadequately documented roof repairs in the interim because leaking continued to worsen.
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Holdings
- Section 627.70152(3)'s pre-suit notice requirement is procedural in nature and applies to all property insurance policies regardless of inception date; failure to plead compliance warrants…
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