Pre-suit notice for Florida property insurance claims is a mandatory step created by the 2021 reforms and codified in s. 627.70152, Florida Statutes. It gives the insurer one more chance to resolve the dispute before litigation, and if it is skipped or done wrong, the lawsuit must be dismissed. This chapter walks through the statute in the order it applies.
Which cases it covers
Section 627.70152(1) says the section applies exclusively to all suits arising under a residential or commercial property insurance policy, including policies issued by eligible surplus lines insurers. If you are suing your own property insurer over a denied, underpaid or delayed claim, assume the pre-suit notice requirement applies.
Condition precedent to suit
Written notice of intent to initiate litigation, on a DFS form, at least 10 business days before filing suit — and not before the insurer has made a coverage determination under s. 627.70131.
The Department of Financial Services forwards the notice to the e-mail address the insurer has designated under s. 624.422.
Timing: not too early, not too late
Two timing rules matter. First, the notice may not be given before the insurer has made a determination of coverage under s. 627.70131 — in practice, after the insurer has paid, partly paid or denied the claim. If the insurer has not decided at all, talk to a lawyer about how the statute applies. Second, it must be given at least 10 business days before the suit is filed. Business days exclude weekends and legal holidays, so the notice period is at least two calendar weeks.
Pre-suit notice does not replace the earlier notice of claim. The claim itself must still have been reported within the limits in s. 627.70132 (see Florida claim deadlines).
What the notice must contain
Section 627.70152(3)(a) lists the required contents. The notice must state:
- That it is provided under s. 627.70152.
- The alleged acts or omissions of the insurer giving rise to the suit, which may include a denial of coverage.
- If given by an attorney or other representative, that a copy was provided to the claimant.
- If the notice follows a denial of coverage: an estimate of damages, if known.
- If the notice follows other acts or omissions (for example, an underpayment): the presuit settlement demand, itemizing the damages, attorney fees and costs, and the disputed amount.
Documentation supporting the amounts may be attached. The statute defines the disputed amount as the difference between the claimant's presuit settlement demand and the insurer's settlement offer, not counting attorney fees and costs. Any attorney fees in the demand are calculated from hours actually worked as of the date of the notice multiplied by a reasonable hourly rate (s. 627.70152(2)).
How the insurer must respond
The insurer has 10 business days after receiving the notice to respond in writing, by e-mail if the claimant designated an e-mail address. What it may do depends on the kind of notice.
| Notice follows… | Insurer's options |
|---|---|
| A denial of coverage | Accept coverage; continue to deny coverage; or assert a right to reinspect the property. If it reinspects, it has 14 more business days to accept or continue the denial. |
| Other acts or omissions (amount disputes, delay) | Make a settlement offer, or require the claimant to participate in appraisal or another method of alternative dispute resolution. |
If the insurer demands appraisal or ADR and it is not concluded within 90 days after the 10-business-day notice period ends, the claimant may file suit without giving another notice.
Tolling: protecting the limitations period
The statute keeps the notice process from costing you your right to sue:
- If a limitations period under s. 95.11 would expire during the 10-business-day notice period, it is tolled for those 10 business days (s. 627.70152(3)(b)).
- If it would expire during an insurer's reinspection period, it is tolled for that period (4)(a).
- If it would expire while appraisal or ADR is pending, it is tolled until that process ends (4)(b).
- If the claim is unresolved and the limitations period would expire within 30 days after the presuit process concludes, it is tolled for 30 days (7).
Even with these rules, waiting until the last weeks of a deadline is risky. Courts apply limitations periods strictly.
What happens if notice is missing
Under s. 627.70152(5), a court must dismiss without prejudice any suit on a claim for which the required notice was not given, or that was filed before the insurer's applicable response period expired. Dismissal without prejudice means the suit can be refiled after proper notice, but the delay and expense are real, and a limitations period can keep running in the meantime.
The notice and its attachments are not admissible in any later proceeding (s. 627.70152(6)), so a demand made in good faith during the presuit process is not evidence against you at trial.
The notice and attorney fees
When s. 627.70152 was enacted in 2021, subsection (8) tied a policyholder's recovery of attorney fees to how the final judgment compared with the presuit offer and demand. The December 2022 special session repealed that subsection, and in 2023 HB 837 repealed the general one-way fee statute. The fee items in the presuit demand still have to be stated, but they no longer drive fee shifting the way they once did. See attorney fees after HB 837.
Practical checklist
- Confirm the insurer has made a coverage decision.
- Gather the estimate of damages, the insurer's estimate and payment history, and the policy.
- Calculate the disputed amount precisely; it shapes settlement discussions.
- File through the DFS notice portal and keep the confirmation.
- Calendar the 10-business-day response date and any reinspection or appraisal periods.
- Consider whether a Civil Remedy Notice should also be filed; the two notices serve different purposes.
Frequently asked questions
Is pre-suit notice required for every Florida property insurance lawsuit?
Section 627.70152 applies to all suits arising under residential or commercial property insurance policies, including surplus lines policies. Notice is a condition precedent to filing suit.
How long before suing must I give pre-suit notice?
At least 10 business days before filing, and not before the insurer has made a coverage determination under s. 627.70131.
Can the insurer force appraisal after I send pre-suit notice?
For notices that follow acts or omissions other than a coverage denial, the insurer may respond by requiring appraisal or another form of alternative dispute resolution. If that process is not concluded within 90 days after the notice period, you may sue without another notice.
Is the pre-suit notice the same as a Civil Remedy Notice?
No. The pre-suit notice under s. 627.70152 precedes a breach-of-contract suit. A Civil Remedy Notice under s. 624.155 is a separate 60-day notice that precedes a statutory bad-faith action.
What if my lawsuit was filed without pre-suit notice?
The court must dismiss it without prejudice. It can generally be refiled after proper notice, subject to the limitations period.