Florida District Court of Appeal Finds That Pre-Suit Notice Is No Longer Required for Older Policies

On May 21st, 2026, Insurance Business Magazine reported on a District Court of Appeal (DCA) decision that could make property insurance lawsuits in Fort Lauderdale easier. This decision specifically applies to older policies, and it may allow people in similar situations to sue even after previously having their cases dismissed.

District Court of Appeals Rules that Pre-Suit Notice Requirement Does Not Apply Retroactively

The case involves a property insurance lawsuit that goes back to 2021. A few months after renewing her policy, a property owner suffered wind and water damage. She filed a claim, and she disputed the coverage offered by her insurer. This led to a breach of contract lawsuit. A few months later (and well after she had renewed her policy), a new rule requiring a “pre-suit notice” took effect in Florida.

The pre-suit notice rule requires a property owner to notify the government in writing before filing a lawsuit against their property insurer. You must provide this notice 10 business days before filing your lawsuit, and the insurer must make a coverage determination before you are allowed to take this step.

For years, insurers have been arguing that the law applies retroactively. In other words, the pre-suit notice statute applies to all property insurance policies in the nation, regardless of whether they went into effect before or after the law went into effect.

In this case, however, the District Court of Appeals rejected that assumption. The court pointed out that the statute applies exclusively to a certain category of claims, and not all claims in Florida. The court also noted that due to the way the law is written, it must consider the date of each policy rather than the date of each lawsuit when assessing whether the pre-suit notice applies.

What Does This Mean for Me?

Not all District Courts of Appeal agree that the pre-suit notice requirement no longer applies retroactively. Business Insurance Magazine calls this a “messy split,” noting that only the First, Second, Fifth, and Sixth DCAs agree that the pre-suit notice requirement does not apply retroactively. The Third and Fourth DCAs agree that it should apply retroactively. The Florida Supreme Court will have the final say on the issue.

If the pre-suit notice no longer applies retroactively, you may be able to reopen your property insurance lawsuit. This is true even if a court has already denied your case because you failed to file your pre-suit notice.

Contact Our Fort Lauderdale Property Insurance Lawyers Today

At Fuxa & Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. If your property insurance claim was denied, we can help. For a free consultation, please call us today at (954) 990-5251. With an office in Sunrise, we represent policyholders in Broward County and throughout the state of Florida.

Source: 

insurancebusinessmag.com/us/news/risk-compliance-legal/florida-appeals-court-reaffirms-late-notice-defense-in-aob-property-insurance-fight-576131.aspx