By Chad T. Wilson Law Firm Staff, based on reporting on the Florida Supreme Court’s opinion in Universal Property & Casualty Insurance Co. v. Hughes, October 22, 2026. Read the original reporting here.
If you filed a claim under an older Florida homeowners policy, a new decision from the state’s highest court may matter to you. The Florida property insurance presuit notice law, passed in 2021, requires you to send your insurer a formal notice before you sue. On October 22, 2026, the Florida Supreme Court ruled that this requirement does not apply to policies issued before the law took effect. In plain terms, a procedural step that carriers have used to get some lawsuits dismissed does not reach back to cover contracts written before July 1, 2021.
Section 627.70152 took effect on July 1, 2021. It says a policyholder has to give the insurer written notice, through the Florida Department of Financial Services, at least 10 business days before filing suit on a property claim. The notice gives the carrier a window to review the claim or make an offer. If a lawsuit is filed without that notice, the statute tells courts to dismiss it. That makes the rule a powerful tool for insurers, because a missed step can end a case before a judge ever looks at the damage.
The case is Universal Property & Casualty Insurance Co. v. Hughes. The homeowner had a policy running from April 24, 2019 to April 24, 2020 and reported a water damage claim in May 2019. She later sued in August 2021, after the new law was on the books, without sending presuit notice. Universal argued the suit should be dismissed.
The Florida Supreme Court disagreed. In a unanimous opinion, Chief Justice Couriel wrote that the statute carried no clear command to apply it to older contracts, and that “the absence of a statement in the act does not constitute clear evidence of retroactive intent.” The court also rejected the argument that the notice rule was merely procedural, finding that it changed real rights by delaying suits and affecting attorney fee recovery. The decision approved the Sixth District’s result for the homeowner and disapproved a conflicting Fourth District ruling.
This is not a decision that presuit notice never applies. For policies issued on or after July 1, 2021, the requirement still stands, and skipping it can still sink a case. The ruling also does not reopen claims that are already closed, and it does not extend any filing deadline. It answers one question: which law governs a lawsuit brought under an older policy. Your policy’s issue date, your loss date, the time you have left to sue, and the history of your claim all still matter. If someone tells you this ruling erases deadlines in Florida, that is not what the court said.
A court ruling is not a substitute for reviewing your own file. A few steps help protect your position:
We represent policyholders, not insurance companies. Carriers have an army of lawyers, adjusters, and agents. We help even the odds. Our team has resolved more than 6,000 claims, and we review water damage claims and other disputes to see whether a carrier has treated you fairly. If your file involves an older policy and a presuit argument, we can look at how this ruling fits your facts. Working with an experienced insurance claim lawyer costs you nothing up front. We work on contingency, so there is no recovery, no fee. Call us at (833) 942-0678 for a free review. Denied, delayed, or underpaid? That is the work we do every day.
This article is for general information only and is not legal advice. Court decisions are fact-specific, and outcomes depend on your policy and circumstances. No result is guaranteed.
Sources: Florida Supreme Court opinion, Universal Property & Casualty Insurance Co. v. Hughes (SC2024-0025); Tampa Free Press; Florida Supreme Court case docket.
