On Oct. 22 2026, the Florida Supreme Court ruled that the 2021 water‑damage notice law does not apply retroactively to policies issued before July 1 2021. The decision, in Universal Property & Casualty Insurance Co. v. Rebecca Hughes, overturned a trial‑court dismissal that had relied on the new requirement. Hughes’s 2019‑2020 policy covers a water‑damage claim she filed on May 29 2019, but the insurer argued the 10‑business‑day notice rule should bar her suit.
Section 627.70152, adopted July 1 2021, mandates that a claimant mail written notice to the Florida Department of Financial Services at least ten business days before filing a lawsuit. Courts must dismiss suits that lack the notice, but the dismissal is without prejudice, allowing a new filing. The law was designed to give insurers a chance to evaluate claims before litigation, a principle that the Court said is substantive rather than merely procedural.
The appellate split had the Sixth District Court of Appeal reversing the trial court, while the Fourth District had applied the rule retroactively to older policies. The Supreme Court resolved the conflict by finding no clear legislative intent to extend the law to pre‑effective‑date policies. Justice Tanenbaum, concurring, noted the statute’s effective‑date language and the absence of an explicit retroactive clause.
The ruling means insurers like Universal cannot enforce the notice requirement against 2019‑2020 policies, leaving policyholders with a clearer path to sue. Hughes’s case will now proceed under the earlier legal framework, and the Court’s decision signals that other pending lawsuits may be spared the new procedural hurdle. Policyholders and insurers alike will watch for further guidance from the Court as it reviews similar disputes in its docket.