RONALD ST. PIERRE AND BETH ST. PIERRE
v.
STATE FARM FLORIDA INSURANCE COMPANY
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The notice requirement in section 627.70152, Florida Statutes, does not apply retroactively to homeowner's insurance policies issued before the statute's enactment.
[1] The notice requirement in section 627.70152, Florida Statutes, does not apply retroactively to homeowner's insurance policies issued before the statute's enactment.
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Join FLexlaw to unlock all legal intelligenceRonald and Beth St. Pierre filed a complaint against State Farm Florida Insurance Company regarding their homeowner's insurance policy. The trial cour…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 5D2024-0705 LT Case No. 2023-CA-009035
RONALD ST. PIERRE and BETH ST. PIERRE, Appellants,
V.
STATE FARM FLORIDA
INSURANCE COMPANY, Appellee.
On appeal from the Circuit Court for Duval County. G.L. Feltel, Jr., Judge.
Chad A. Barr, of Chad Barr Law, Altamonte Springs, for Appellants.
C. Ryan Jones, Brandon R. Christian, David T. Burr, and
Matthew A. Taylor, of Traus Lieberman Straus & Shrewsberry LLP, St. Petersburg, for Appellee.
May 29, 2026
HARRIS, J.
Appellants, Ronald and Beth St. Pierre, appeal the trial court's order granting Appellee's, State Farm Florida Insurance Company, motion to dismiss their complaint. The basis for the dismissal was that Appellants failed to comply with the notice requirement under section 627.70152, Florida Statutes. Appellants argue the trial court erred in dismissing their complaint because section 627.70152 cannot be retroactively applied to a homeowner's insurance policy issued before the statute's enactment. Consistent with Appellants' argument, this Court has previously held that the notice requirement in section 627.70152 does not apply retroactively. See Smith v. Universal Prop. & Cas. Ins. Co., 396 So. 3d 860 (Fla. 5th DCA 2024). We therefore reverse the order dismissing the complaint and remand for further proceedings.
REVERSED and REMANDED.
JAY, C.J., and EDWARDS, J., concur.
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Citator
Authorities Cited
- Smith v. Universal Prop. & Cas. Ins. Co., 49 Fla. L. Weekly D1850 (Fla. 5th DCA 2024)