Danahy & Dunnavant, P.A., in collaboration with Co-Counsel Buell & Elligett, P.A., secured a noteworthy victory in the appeal of Hughes v. Universal Property and Casualty Insurance Co. (Case No. 6D23-296, Lower Tribunal No. 2021-CA, 0020048). The success in this case hinged on a critical interpretation of Florida Statute 627.70152, a statute that imposed substantial obstacles to an insured individual’s ability to file a lawsuit against their insurance company. The statute introduced a requirement for a “pre-suit notice” to be filed, among other hurdles.

The 6th District Court of Appeal issued an opinion affirming that the provisions of Florida Statute 627.70152 should not be retroactively applied to insurance policies issued before the statute’s effective date. This ruling not only addressed the specific case of Hughes but also carried broader implications for numerous Florida insureds. The decision clarified and upheld the rights of insured individuals, particularly by emphasizing that the statutory requirements should not apply retroactively.

This successful appeal reflects the legal prowess and strategic efforts of Danahy & Dunnavant, P.A., and Co-Counsel Buell & Elligett, P.A., in navigating the intricacies of first-party property law and advocating for the rights of their clients. The significance of this victory is underscored by the conflict with the decision in Cole v. Universal Property and Casualty Ins. Co., further highlighting the importance of the ruling in Hughes v. Universal Property and Casualty Insurance Co. in shaping the legal landscape for Florida insureds.

Source: https://www.insurancejournal.com/news/southeast/2023/11/29/749824.htm

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