Background
Hamid Nekouee made a hurricane-damage claim under his Citizens residential property policy. Citizens determined the loss was below the deductible and denied the claim. Nekouee’s adjuster disagreed, and Nekouee invoked the policy’s appraisal process.
The parties’ appraisers agreed on the amount of loss, but Nekouee refused to sign Citizens’ Appraisal Award form, contending it imposed extracontractual conditions. He sued for declaratory relief concerning the form and policy rights, without seeking damages, and did not file the presuit notice required by section 627.70152. The circuit court denied Citizens’ motion to dismiss.
The Court’s Holding
The Second District granted certiorari and quashed the order denying dismissal. Section 627.70152 applies to “all suits” arising under residential or commercial property insurance policies, and that language includes declaratory judgment actions even when they seek no monetary relief.
Nekouee’s suit also arose under the policy because it required interpretation of policy terms and concerned the appraisal process under that policy. His failure to provide the required notice of intent to initiate litigation meant the action had to be dismissed without prejudice under section 627.70152(5).
Key Takeaways
- Section 627.70152’s presuit-notice requirement applies to declaratory judgment suits under property insurance policies.
- The absence of a damages demand does not create an exception to the statute’s coverage of “all suits.”
- Certiorari is available to review an order that excuses compliance with this mandatory presuit procedure.
Why It Matters
The decision squarely holds that insureds cannot avoid Florida’s property-insurance presuit-notice requirement by styling a policy dispute as a declaratory action. Policyholders and insurers should assess notice compliance before filing or defending litigation over appraisal procedures, policy interpretation, or other nonmonetary relief.