Florida Senate Passes Legislation to Reform Litigation for Property Insurance Claims

Toward the end of the 2021 Florida legislative session, the Florida Senate passed Senate Bill 76, a bill that focuses on reducing litigation related to property insurance claims and also places restrictions on companies soliciting insureds to file roof claims.

At the heart of SB 76 is the implementation of a presuit requirement that any claimant (who is not an assignee of the policy) must provide written notice of intent to initiate litigation to the insurer at least 10 business days before filing suit under the policy.

The notice of intent requires the claimant to state the alleged acts or omissions of the insurer.

In addition, if the claim regards a denial of coverage by the insurer, then the claimant must provide an estimate of the damages, if known.

If the alleged acts or omissions of the insurer are not a denial of coverage, then the claimant must provide a presuit demand. The presuit demand must itemize the damages, attorneys’ fees and costs, as well as the disputed amount.