The Florida Legislature has tried to add "a condition precedent to filing a suit under a property insurance policy" that would require "a claimant" to provide the Department of Financial Services "with written notice of intent to initiate litigation on a form provided by the department."[1] The Legislature prescribed times and text for this notice of intent to initiate litigation.[2]
This statute has been held unconstitutional, however, if applied to policies of insurance that "went into effect before the statute went into effect," as the policyholders successfully argued in Dozois v. Hartford Insurance Co. of the Midwest.[3] The Court declined to grant the homeowners carrier's motion to dismiss accordingly.[4]
The Florida Statute and the Dozois decision are discussed along with many other statutes and cases in 2 DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH § 11:9, Conduct of Insured: Failure to Provide Timely and Accurate Proof of Loss, or Notice (West Publishing Co. 3d Edition, 2023 Supplements in process).
[1] Fla. Stat. Ann. § 627.70152(3) (West; Westlaw current with laws, joint and concurrent resolutions and memorials through April 18, 2023, in effect from the 2023 Special B Session and the 2023 first regular session).
[2] Subsection (3)(a) 1-5.
[3] Dozois v. Hartford Ins. Co. of Midw., 595 F. Supp. 3d 1204, 1206 (M.D. Fla. 2022).
[4] Dozois, 595 F. Supp. 3d at 1207-08.
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