U.S. District Court for the Middle District of Florida Denies Insurer’s Motion to Dismiss Hurricane Ian Property Damages Complaint
By Kelly M. Vogt
In Smokin’ Knight, Inc. v. Nautilus Ins. Co., 2024 U.S. Dist. LEXIS 19292 (M.D. Fla. Feb. 5, 2024), an insured filed a notice of intent to initiate litigation (NOIL) following a disagreement over the amount its insurance carrier owed the insured for Hurricane Ian property damages.
In its response to the NOIL, the carrier requested mediation, but the insured filed suit three days later. The carrier moved to dismiss the insured’s complaint, arguing that litigation was premature as the insured failed to comply with the pre-suit requirements of Fla. Stat. § 627.70152(4)(b), specifically the insured filed suit prior to engaging in mediation as the carrier had demanded in its response to the insured’s NOIL.
In ruling on the motion to dismiss, the Court explained that it must accept all factual allegations in the complaint as true and view them in the light most favorable to the plaintiff. Accordingly, where, as here, a complaint asserts that all conditions precedent have been complied with, met or waived, this is sufficient to state a claim. The court therefore dismissed the carrier’s motion to dismiss.
Kelly M. Vogt