Thought Leadership

Moreno v. People’s Trust Insurance Company, (May 13, 2026)

This case involved a property damage claim in which the homeowner argued she was not fully indemnified. She provided the insurer with a notice of intent to litigate prior to filing suit. The lawsuit was filed, but later voluntarily dismissed. The homeowner then filed an identical lawsuit, but did not provide a second pre-suit notice before doing so. The insurer moved to dismiss the lawsuit, arguing it was entitled to a second pre-suit notice of intent to litigate, because notice is “suit-specific,” not “claim-specific.” The trial court granted the motion and dismissed the case without prejudice. 

On appeal, the homeowner argued the statute’s reference to “a notice” for a “suit” is “claim-specific” not “suit-specific.” The Fourth DCA found that the requirement for pre-suit notice was in fact “suit-specific” and affirmed the trial court’s dismissal of the case. The Fourth DCA reasoned that §627.70152(3) requires a pre-suit settlement demand that itemizes damages and attorneys’ fees and costs, not a simple notice of a claim. The Fourth DCA further reasoned that the settlement demand provided before the second suit would also include damages incurred after the first lawsuit was filed. Thus, the court reasoned, adopting the homeowner’s “claim-specific” argument would frustrate the core purpose of the statute, which is to allow the insurer to evaluate an updated settlement demand.