Plaintiff initiated litigation sounding in breach of contract under a homeowner’s policy of insurance. Within the Complaint, Plaintiff alleged a date of loss for damages that was never reported to the carrier prior to the initiation of litigation. Nikki Hawkins defended the matter uncovering that there was 1) no record evidence of a claim for damages related to the second date of loss; 2) no record evidence that Defendant had issued a coverage determination for the second date of loss; and 3) there was not record evidence of a Notice of Intent to Initiate Litigation related to the second date of loss. Therefore the Court found that Plaintiff failed to comply with the mandatory pre-suit notice requirements under FS 627.70152 and granted Defendant’s Motion to Dismiss/Motion for Summary Judgment of Plaintiff’s Compliant.
