Holly A. Rice | Saxe Doernberger & Vita Florida’s newly formed Sixth District Court of Appeal (“Sixth DCA”) recently certified conflict with Florida’s Fourth District Court of Appeal on the issue of retroactive application of the pre-suit notice requirement contained in Florida Statute §627.70152.1 Earlier this year, the Fourth District Court of Appeal (“Fourth DCA”) held… Continue reading Florida’s New Pre-Suit Notification Requirement: Retroactive or Prospective Application?
Tag: Pre-Suit Notice
Compliance with Contractual and Jurisdictional Pre-Suit Requirements is Essential to Maximizing Recovery
Michael S. Levine, Geoffrey B. Fehling and Charlotte Liszinske | Hunton Insurance Recovery Blog Timely notice is an important first step in a successful insurance recovery. But insurance policies are not always straightforward in identifying how, when, and to whom notice must be provided. Some states may also impose additional procedural hurdles, including requiring policyholders… Continue reading Compliance with Contractual and Jurisdictional Pre-Suit Requirements is Essential to Maximizing Recovery
Not so Fast – Florida’s Legislature Overrules Gindel’s Pre-Suit Notice/Tolling Decision Related to the Construction Defect Statute of Repose
Rahul Gogineni | White and Williams As discussed in a prior blog post, in Gindel v. Centex Homes, 2018 Fla.App. LEXIS 13019, Florida’s Fourth District Court of Appeal held that when the plaintiffs provided a pre-suit notice in compliance with §558.004 of Florida’s construction defect Right-to-Cure statute, Fla. Stat. §§ 558.001 to 558.005, et. seq., they commenced… Continue reading Not so Fast – Florida’s Legislature Overrules Gindel’s Pre-Suit Notice/Tolling Decision Related to the Construction Defect Statute of Repose
Florida Court Clarifies That Pre-Suit Notice for Construction Defect Claims Tolls Statute of Repose
Richard J. Maleski and Joseph F. Rich | Cozen O’Connor | September 20, 2018 Florida imposes a statutory requirement to provide pre-suit notice to recovery targets when the potential claim involves construction defects. While the required notice tolls the statute of limitations for such claims, an open question remained regarding what effect the notice would… Continue reading Florida Court Clarifies That Pre-Suit Notice for Construction Defect Claims Tolls Statute of Repose
Forever Barred? Does Sending a Pre-Suit Notice of Construction Defects Prevent Dismissal of a Lawsuit Based on the Statute of Repose
Jeffrey S. Wertman | Berger Singerman LLP | February 13, 2017 The Fifth District Court of Appeal will soon decide whether sending a pre-suit notice of construction defects under Florida’s Construction Defect Statute, Section 558, Florida Statutes, commences a construction defect action and simultaneously tolls the 10-year statute of repose. In Busch v. Lennar Homes,… Continue reading Forever Barred? Does Sending a Pre-Suit Notice of Construction Defects Prevent Dismissal of a Lawsuit Based on the Statute of Repose