Case Law Update: Hughes Limits Pre-Suit Notice to Post-July 2021 Policies

Background

Buying an insurance policy should not mean agreeing to whatever additional hurdles the Legislature might create years later. The Florida Supreme Court reinforced that principle in Universal Property & Casualty Insurance Co. v. Hughes, holding that Florida's property insurance pre-suit notice requirement does not apply to policies issued before July 1, 2021.

This article summarizes the holding as reported. Practitioners should read the full opinion for its reasoning, scope, and any limiting language before relying on it in a specific matter.

Key Holding

• Court: Florida Supreme Court.
• Case: Universal Property & Casualty Insurance Co. v. Hughes.
• Holding: The pre-suit notice requirement for property insurance claims does not apply to policies issued before July 1, 2021.

In practical terms, the court declined to apply the newer notice requirement retroactively to policies already in force before that date.

Why the Issue Arose

Florida added a pre-suit notice step for property insurance litigation as part of its recent legislative reforms. The requirement obligates a claimant to give the insurer notice of intent before filing suit. Carriers have invoked it as a basis to challenge or delay lawsuits. The recurring dispute has been which policies the requirement reaches, particularly where the policy was issued before the effective date but the loss or suit came after.

Impact on Policyholders

For policyholders with older policies, the ruling removes one procedural hurdle. A suit on a policy issued before July 1, 2021 should not be dismissed or abated for lack of this notice. This narrows a defense that carriers had been raising and reduces the risk that a policyholder loses time or leverage on a technicality.

Impact on Public Adjusters and Claims Professionals

Public adjusters are not litigators, but they are often the first to see the policy and the claim timeline. The ruling affects how they advise clients on what happens if a claim cannot be resolved without suit.

• Identify the policy issuance date early. The date on the declarations page now has procedural consequences for any later litigation.
• Keep complete policy records. Retain the declarations, endorsements, and renewal documents for each client.
• Do not give legal conclusions. Whether a particular policy falls on one side of the July 1, 2021 line is a legal question, especially if the policy was renewed, replaced, or transferred. Refer those questions to counsel.
• Expect carriers to test the boundaries. Insurers may argue that renewals or endorsements after the cutoff bring a policy under the newer rule. The decision as reported addresses policies issued before the date, and how it applies to renewals should be confirmed against the full opinion.

Practical Takeaways

• Confirm the issue date of the policy at intake, not after a dispute develops.
• Flag older policies for counsel so the correct pre-suit procedure is followed.
• If a carrier raises lack of pre-suit notice as a defense on a pre-July 2021 policy, ask counsel to evaluate it in light of Hughes.
• Continue to meet all policy deadlines and documentation requirements regardless. The ruling addresses one notice requirement only. It does not alter proof-of-loss duties, claim-filing deadlines, or other conditions in the policy.

Limits of the Ruling

The decision concerns the applicability of the pre-suit notice requirement to earlier policies. It does not eliminate the requirement for policies issued on or after July 1, 2021, and it does not resolve unrelated defenses. Policyholders with newer policies still need to comply with the notice step before suing.

How Louis Law Group Can Help

Louis Law Group represents Florida policyholders in property insurance disputes. If your client's carrier is raising a pre-suit notice defense, or if you are unsure which procedural requirements apply to a policy, our attorneys can review the policy and claim file and advise on the right path forward. Call (833) 657-4812 to speak with our team.

Source: Property Insurance Coverage Law Blog - Florida Rejects Retroactive Pre-Suit Notice: A Win for Policyholders