Nicholas Travis and Mykal Hill Secure Dismissal with Prejudice of Property Coverage Dispute in Florida
In a property insurance coverage dispute, our client, the insurer of the property, was sued by the property owner for the alleged failure to fully indemnify the owner for damage to the property. Prior to suit, the insurer adjusted the loss and issued payment to the property owner. Nearly five years after the payment was issued, the property owner filed a Notice of Intent to Initiate Litigation based on the insurer’s alleged failure to fully indemnify them for the loss, and thereafter, filed suit against our client alleging breach of contract.
In response to the lawsuit, we argued that the Notice failed to comply with § 627.70152 of the Florida Statutes, as, inter alia, the notice failed to provide with specificity the alleged acts or omissions of the insurer giving rise to the lawsuit. Based upon this position, we filed a Motion to Dismiss asserting the property owner’s non-compliant Notice was a failure of a mandatory condition precedent, therefore precluding the suit. Additionally, we argued that dismissal of the action with prejudice was warranted because the property owner would not be able to refile a notice compliant with § 627.70152 within the five (5) year statute of limitations period proscribed by Florida law.
The judge agreed with our Motion and the action was dismissed with prejudice against our client.
Nicholas W. Travis
Private: Mykal W. Hill