Skip to content

Menu

LexBlog, Inc. logo
CommunitySub-MenuPublishersChannelsProductsSub-MenuBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAboutContactResourcesSubscribeSupport
Join
Search
Close

Intent to Initiate Litigation Statute in Florida—Does It Apply to Policies Issued Before the Effective Date of the Statute?

Desk calendar with wooden gavel and scales of justice.
By Chip Merlin on January 7, 2022
Email this postTweet this postLike this postShare this post on LinkedIn

There is a raging legal debate about whether the new Florida statute requiring pre-suit notice is to be applied retroactively. Interestingly, just to be safe, we filed a pre-suit notice and the insurance company, Castel Key, responded by indicating that the statute does not have retroactive application:

Castle Key Indemnity Company is in receipt of a written Notice of Intent to initiate litigation (notice number 15305) pursuant to Florida Statute, Section 627.70152(3). The notice was received from the Department of Financial Services on November 29, 2021. Castle Key Indemnity Company believes that the notice requirement in the statute will apply only to insurance policies issued or renewed on or after the effective date of the statute which is July 1, 2021. The policy in the referenced claim was issued on May 15, 2020.

We noted another insurance company that agrees with this in Citizens Agrees That Florida’s New Pre-Suit Notice Requirements Does Not Apply to Policies Issued Before the Effective Date of the Statute.

Not all insurance companies agree. An excellent appellate attorney, Tom Elligett, recently filed an appellate brief where these issues were discussed in detail. The brief noted the basic argument:

There is no evidence the legislature intended §627.70152 to apply retroactively. The statute is clear. The substantive nature of §627.70152, is readily evidenced by Security First’s own position in this litigation. Because Security First raised no other ground for dismissal, it implicitly recognizes that, absent application of §627.70152, Peyton’s lawsuit should not be dismissed (and the insurds can seek attorneys’ fees to which they had a right when the policy was issued).

As this issue now winds through the appellate courts, we will keep readers apprised of developments.

Thought For The Day

Epitaph, n. An inscription on a tomb, showing that virtues acquired by death have a retroactive effect.
—Ambrose Bierce

Photo of Chip Merlin Chip Merlin

Since 1983, Chip Merlin has served as a plaintiff’s attorney with a focus on commercial & residential property insurance claim disputes and bad faith insurance litigation. Chip is a noted national authority on insurance bad faith, lecturing to national trade groups and publishing…

Since 1983, Chip Merlin has served as a plaintiff’s attorney with a focus on commercial & residential property insurance claim disputes and bad faith insurance litigation. Chip is a noted national authority on insurance bad faith, lecturing to national trade groups and publishing a number of papers and articles on the subject for organizations such as The American Association for Justice, The Florida Justice Association, The Windstorm Insurance Network, and Trial Magazine.

As founder and president of Merlin Law Group, Chip has dedicated his practice to the representation and advocacy of insurance policyholders in disputes with insurance companies nationwide.

Chip served as Chair for the Bad Faith Insurance Litigation Group and Secretary for the Fire and Property Insurance Litigation Group for the American Association for Justice (formerly known as the Association of Trial Lawyers of America). He was also Vice-Chair for the Subcommittee on Property Insurance Law for the American Bar Association.
Read More…

Read more about Chip MerlinEmail
Show more Show less
  • Posted in:
    Insurance
  • Blog:
    Property Insurance Coverage Law Blog
  • Organization:
    Merlin Law Group, P.A.
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center

New to the Network

  • Boston ERISA & Insurance Litigation Blog
  • Stridon News and Insights
  • Taft Class Action & Consumer Insights
  • Labor and Employment Law Insights
  • Age of Disruption
Copyright © 2022, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo