The Florida Supreme Court ruled unanimously Thursday that a 2021 law requiring policyholders to give insurers 10 days’ notice before filing a lawsuit does not apply retroactively. The law took effect July 1, 2021.
The decision settles a long-running split among Florida’s appeals courts. The case began when Rebecca Hughes sued her homeowner’s insurer, Universal Property and Casualty, in August 2021 over a 2019 water damage claim. Universal paid part of the claim, but Hughes had gotten three repair quotes and wanted more. The company moved to dismiss her suit, arguing she had not provided the new pre-suit notice required under SB 76, a broad bill the Legislature passed that year. A trial judge agreed with the insurer and dismissed the complaint.
Appellate courts had reached conflicting results. The Fourth District found the notice requirement applied to policies in effect when the law changed, while the Sixth District, which heard Hughes’ appeal, found it did not. Several other districts sided with the Sixth. The Supreme Court agreed in January 2024 to resolve the conflict.
Justice John D. Couriel wrote for the court that legislative silence does not amount to clear evidence of intent to apply a law retroactively. Justice Adam Tanenbaum agreed on the outcome but wrote separately, pointing to a statute saying insurance code amendments operate prospectively unless the Legislature states otherwise.
William Large, president of the Florida Justice Reform Institute, which backed the insurer, said he was disappointed but expects the ruling to settle future disputes over whether laws apply retroactively. For South Florida homeowners, the decision clarifies when they must send notice before suing an insurance company over an older claim.
