Background
Universal Property & Casualty Insurance Company appealed from a decision of the Circuit Court for Pasco County in favor of William and Denise Bell. The opinion does not provide further facts about the Bells’ insurance claim or the trial court’s ruling.
The appeal concerned whether section 627.70152, Florida Statutes, could be applied to an insurance policy entered into before the statute took effect.
The Court’s Holding
The Second District affirmed. Relying on its earlier decision in Buis and decisions from the First, Fifth, and Sixth Districts, the court concluded that section 627.70152 lacks the clearly expressed legislative intent required for retroactive application to pre-effective-date insurance policies.
The court also certified conflict with decisions of the Third and Fourth Districts that reached a contrary result, including Cantens, Cole, and Griffin.
Key Takeaways
- Section 627.70152 does not apply retroactively to insurance policies entered into before its effective date.
- The Second District affirmed the Pasco County circuit court’s decision.
- The court certified conflict with contrary Third and Fourth District decisions.
Why It Matters
The decision maintains the Second District’s position that the statute’s insurance-claim procedures cannot be imposed on policies predating the statute absent clear legislative authorization. The certified conflicts preserve an issue on which Florida’s district courts remain divided.