Sanchez v. Sec. First Ins., Co.

Sanchez v. Sec. First Ins., Co.

3d DCA, 3/6/24

No. 3D22-1109, 2024 WL 949223

Per Curiam (Scales, Lindsey, and Gordo)

Topics: Presuit Notice (Property Insurance)

Section 627.70152, Fla. Stat, provides a new presuit notice requirement for all residential or commercial property insurance policy cases. On February 14, a panel of the Third DCA held that that requirement is procedural and applies retroactively to all policies regardless of the date of inception. So a trial court, here, properly dismissed a case for lack of presuit notice. The opinion notes that the Sixth DCA has held the opposite: that the new presuit notice requirement is substantive and not retroactive. For some reason, the panel opinion did not expressly certify an “express and direct” conflict.

JUDGE SCALES CONCURRED SPECIALLY, noting that the current panel was bound by the prior panel holding, and the dismissal here was without prejudice. He wrote, however, to express disagreement with the Third DCA’s precedent and agreement with the 6th DCA.

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