Universal Property & Casualty Insurance Company v. William Bell and Denise Bell
The Second District affirmed per curiam, reaffirming its holding in Buis that section 627.70152, Florida Statutes, does not apply retroactively to property insurance policies entered into before the statute's July 1, 2021 effective date because the Legislature did not clearly express an intent for retroactive application. The court aligned itself with the First, Fifth, and Sixth Districts and again certified conflict with the Third and Fourth Districts. The issue remains pending before the Florida Supreme Court on review of Hughes v. Universal Property & Casualty Insurance.
Key facts
- Universal Property & Casualty insured William and Denise Bell under a homeowners policy issued before the July 1, 2021 effective date of section 627.70152, Florida Statutes, the presuit-notice statute for property insurance suits.
- Universal sought to apply section 627.70152 to the Bells' suit on that pre-existing policy; the Circuit Court for Pasco County (Judge Susan Barthle) ruled against the insurer.
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Holdings
- Section 627.70152, Florida Statutes — the presuit notice and fee-limiting statute for property insurance suits — does not apply retroactively to policies entered into before its July 1…
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Why it matters
This decision cements a 4–2 district alignment (First, Second, Fifth, and Sixth Districts against retroactivity; Third and Fourth Districts in favor) on one of the most consequential open questions in Florida… — full analysis with a trial
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