Florida used to have a statute of limitations for insurance coverage lawsuits that was 5 years from the date of the breach of contract. As a end result, some circumstances could be filed almost a decade after the loss. Not anymore, as one condominium and its attorneys realized in a federal courtroom resolution final week.1
A federal choose gave the background resulting in the statute of limitations protection:
Oceania is the proprietor of the property positioned at 16485 Collins Ave., Sunny Isles Beach, FL 33160. On September 10, 2017, the property sustained a loss on account of Hurricane Irma…At that point, the property was insured in opposition to sure losses beneath two energetic insurance policies independently issued by the Defendants. Seeking protection from the Defendants, Oceania complied with the insurance policies’ post-loss obligations and supplied the Defendants with a full account of the damages sustained by the property. However, on November 4, 2021, the Defendants formally denied Oceania’s claims.
Approximately ten months later, on August 29, 2022, Oceania submitted to every Defendant a discover of intent to enter litigation pursuant to Fla. Stat. § 627.70152(3). Oceania’s notices specified that it meant to file a lawsuit upon expiration of the secure harbor provision in § 627.70152(3)(a), which requires that ‘notice must be given at least 10 business days before filing [a] suit’ arising beneath a residential or industrial property insurance coverage coverage. Per § 627.70152(4), one other provision of the identical statute, the Defendants have been required to ‘respond in writing within 10 business days after receiving’ Oceania’s notices. Because of the intervening Labor Day vacation, the Defendants’ response deadline fell on September 13, 2022. On that day, the Defendants responded to Oceania’s notices of intent by requesting re-inspection of the property in accordance with § 627.70152(4). The Defendants’ responses additionally made Oceania settlement presents within the quantity of $500 every, specifying that the presents have been made ‘to avoid litigation and because [the Defendants were] required to [make them] under Fla. Stat. § 627.70152, if such statute applie[d].’
Critically, the statute of limitations on Oceania’s declare, as set forth in Fla. Stat. § 95.11(2), expired on September 12, 2022, someday earlier than the Defendants’ responses to the notices have been due. However, moderately than file go well with on September 12, 2022, Oceania continued to have interaction with the Defendants pursuant to the pre-suit procedures outlined in § 627.70152. On September 15, 2022, Oceania emailed the Defendants acknowledging their request for reinspection of the property and trying to coordinate dates for reinspection inside the fourteen-day interval set forth in § 627.70152(4). Although the events engaged in some back-and-forth on the scheduling, no reinspection occurred, and on October 4, 2022, upon the lapse of fourteen enterprise days, Oceania filed the moment lawsuit.
The objective of this weblog is to not flip readers, policyholders, adjusters, and contractors into attorneys. The easy lesson from this case is discovered on this assertion by the courtroom:
The circumstances outlined by Oceania—amounting to a last-minute alternative between complying with § 627.70152 within the hope that its tolling provision would apply and well timed submitting go well with inside the statute of limitations— should not the kind to which equitable tolling has been utilized….As defined in additional element above with respect to equitable estoppel, Oceania doesn’t level to any information that point out it was misled or lulled, by the Defendants or in any other case, into ready till two weeks earlier than the statute of limitations deadline to start transferring on its declare. Further, there’s nothing extraordinary in regards to the circumstances offered by Oceania. At most, they quantity to a troublesome authorized resolution whose probably severe penalties might have been averted if Oceania had not waited till the final second to pursue its declare. See, e.g., Washington v. Keitz, ROSENBERG, 2015 U.S. Dist. LEXIS 196778 (S.D. Fla. June 30, 2015) (Rosenberg, J.) (rejecting equitable tolling the place plaintiffs’ counsel waited “over two weeks” to handle a difficulty arising from a failed try to file grievance “two days before the statute of limitations expired”); Fowler v. Coad, 2015 U.S. Dist. LEXIS 52765 (N.D. Fla. Apr. 22, 2015) (‘[W]hat prevented [plaintiff] from bringing a timely action against Defendants was his failure to file the Complaint until two days before the statute of limitations expired.’); Hummer v. Adams Homes of Nw. Fla., Inc., 2014 U.S. Dist. LEXIS 28930 (M.D. Fla. Mar. 6, 2014) (‘Equitable tolling is not appropriate where the causal connection between nonconforming conduct and Plaintiffs’ accidents/damages was made recognized to Plaintiffs properly inside the statute of limitations.’). Finally, this isn’t a case the place an in any other case well timed assertion of rights has been made within the incorrect discussion board.
When a declare is denied, when important quantities claimed should not paid, when there’s important delay, when the insurance coverage firm goes silent, time is of the essence, and high quality authorized counsel must be retained. Last minute turning a file over for a lawsuit invitations errors.
Many states enable time intervals of only one or two years. So, Florida nonetheless has a protracted statute of limitations in comparison with different states. Significant claims that look like heading for a doable lawsuit must be despatched to competent counsel months upfront. The choose made a great level—don’t wait till the final minute to file a lawsuit.
Losing a $13 million declare due to a technical statute of limitations lapse goes to be powerful for a board to clarify to condominium members.
Thought For The Day
I hate last-minute buying, it’s at all times unsuccessful.
—Cat Deeley