Case Law Update: Citizens v. Nekouee — Second DCA Holds Presuit Notice Applies to “All Suits”

On August 14, 2026, Florida's Second District Court of Appeal decided Citizens Property Insurance Corporation v. Nekouee, No. 2D2025-2866 — a certiorari proceeding arising from a lawsuit that homeowner Hamid Nekouee filed against Citizens in the Circuit Court for Pasco County. Citizens had asked the trial court to dismiss the suit because Mr. Nekouee never sent the presuit notice of intent to initiate litigation that section 627.70152, Florida Statutes, requires; the trial court refused, and Citizens sought certiorari review. The Second District granted the petition and quashed the trial court's order. The opinion states that it is “subject to revision prior to official publication.”

What the Second District Decided

The court framed the question narrowly and answered it directly: “‘[A]ll suits’ means ‘all suits’–neither more nor less. Thus, we hold that even when a declaratory judgment suit does not seek monetary relief, section 627.70152 requires presuit notice.” It also concluded that the homeowner's lawsuit “arises under” his insurance policy, which is the statute's other threshold requirement.

Notably, the panel suggested the issue was one no Florida appellate court had squarely resolved. In a footnote discussing the Third District's decision in Citizens Property Insurance v. Walden, 395 So. 3d 216 (Fla. 3d DCA 2024), the court wrote: “Seemingly, we are the first to squarely address the issue that the Third District skirted.” Judge LaRose wrote the opinion; Judges Morris and Sleet concurred.

How the Dispute Started

According to the opinion, Citizens insured Mr. Nekouee's home and he filed a claim after the property sustained hurricane damage. Citizens inspected, determined the amount of loss was less than the policy's deductible, and denied the claim. Mr. Nekouee hired his own adjuster, who concluded the loss exceeded the deductible, and Citizens declined to reconsider.

He then demanded appraisal under the policy. The two appraisers agreed on an amount — but Mr. Nekouee refused to sign the Appraisal Award form, objecting to its language and accusing Citizens of “refusing to complete the appraisal process unless a release, masquerading as an appraisal form, is used.” Rather than sue for money, he filed a declaratory judgment action asking a court to declare that the form imposed extracontractual conditions on him. He sent no presuit notice, arguing that none was required because he sought no damages. The trial court agreed with him. The Second District did not.

The Statute the Ruling Turns On

Section 627.70152(1) states that the section “applies exclusively to all suits arising under a residential or commercial property insurance policy . . . .” Subsection (3)(a) makes written notice to the Department of Financial Services “a condition precedent to filing a suit under a property insurance policy,” and requires the notice to state, among other items, the alleged acts or omissions of the insurer, an estimate of damages “if known” where the notice follows a denial of coverage, and — where the notice follows conduct other than a denial — an itemized presuit settlement demand and the disputed amount. Beyond the portions the opinion quotes, the statute also requires the notice to be served at least 10 business days before suit, and not before the insurer has made a coverage determination.

Subsection (5) supplies the consequence, quoted in the opinion: “A court must dismiss without prejudice any claimant's suit relating to a claim for which a notice of intent to initiate litigation was not given as required by this section . . . .” The Second District held the trial court departed from the essential requirements of the law by not applying that provision.

What This Means If You Have a Florida Property Insurance Claim

Nothing here changes whether a claim is covered. What it changes is sequencing, and the practical takeaways are modest but concrete:

• The notice is not limited to money suits. Under this decision, a homeowner who wants only a court's interpretation of a policy term, an appraisal document, or a release form still files the Department of Financial Services notice first.
• A dispute over paperwork can still “arise under” the policy. The court reasoned that resolving the fight over the appraisal award form “will require contract interpretation.” That placed the suit inside the statute.
• Dismissal is without prejudice — but the tolling is narrow. Section 627.70152(5) sends the case back to the starting line rather than ending it. The tolling the statute provides — in subsections (3)(b), (4) and (7), not in this opinion — is limited: serving the notice tolls the section 95.11 limitations period for 10 business days if it would otherwise expire during the notice window, with separate tolling during a reinspection or an ongoing appraisal, and 30 days in the circumstances subsection (7) defines. Whether a refiling fits inside those limits depends on the dates in a particular claim.
• The notice has required contents. A notice missing items the statute lists in subsection (3)(a) invites the same objection Citizens raised here.

If you are preparing to send a notice of intent on a Florida residential property claim, our firm's notice of intent request page explains what information is needed. For background on how residential claims, deadlines, and appraisal fit together, see our Florida property insurance claim guide.

What the Ruling Does Not Decide

The Second District did not rule on whether Citizens owed anything on the claim, whether the Appraisal Award form was enforceable, or whether Mr. Nekouee's underlying position has merit — the order under review was a denial of a motion to dismiss, and the panel quashed it on the notice question alone. The opinion itself carries the note that it is “subject to revision prior to official publication” — so its text can still change.

Article published August 16, 2026, and based on the opinion in Citizens Property Insurance Corporation v. Nekouee, No. 2D2025-2866 (Fla. 2d DCA Aug. 14, 2026). Court decisions can be revised or reviewed, and how one applies depends on the facts of a claim. This is general information about a court ruling, not legal advice.