BROWN, MORENO
v.
SAFEPOINT INSURANCE COMPANY
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Luis Brown and Mirta Moreno appealed the dismissal of their insurance complaint against Safepoint Insurance for failure to comply with the statute of limitations. The Florida Second District Court of Appeal affirmed the dismissal, rejecting arguments for equitable tolling and retroactive application of a 2022 statute, while certifying conflict with decisions from other appellate districts.
The court affirmed the dismissal, rejecting both the equitable tolling argument and the argument that section 627.70152(3) retroactively applied to toll the statute of limitations for the 2017 policy.
[1] Equitable tolling of a statute of limitations does not apply to defeat a bar to an insurance claim based on untimely filing.
[2] A statutory tolling provision cannot be retroactively applied to extend the statute of limitations period for insurance policies issued before the statute's enactment.
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Join FLexlaw to unlock all legal intelligence“We reject without further discussion Mr. Brown and Ms. Moreno's argument that the trial court erred by failing to equitably toll the statute of limitations.”
The court summarily rejected the appellants' primary argument for equitable tolling.
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Join FLexlaw to unlock all legal intelligenceLuis Brown and Mirta Moreno filed a complaint against their insurer, Safepoint Insurance, but the complaint was filed outside the applicable statute o…
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March 7, 2025 Appeal from the Circuit Court for Hillsborough County; Cheryl K. Thomas, Judge. Erik T. Barnard of Watson et Barnard, PLLC, Miami, for Appellants. Patrick M. Chidnese and Frieda C. Lindroth of Bickford & Chidnese, LLP, Tampa, for Appellee. PER CURIAM.
Luis Brown and Mirta Moreno appeal the trial court's order dismissing their complaint filed against their insurer, Safepoint Insurance, with prejudice for failing to file it within the applicable statute of limitations. We reject without further discussion Mr. Brown and Ms.
Moreno's argument that the trial court erred by failing to equitably toll the statute of limitations. And in accordance with the reasoning in this court's recent decision in Buis v. Universal Property & Casualty Insurance Co., 394 So. 3d 738 (Fla. 2d DCA 2024), we also reject their argument that section 627.70152(3), Florida Statutes (2022), retroactively applied to their 2017 insurance policy and tolled the statute of limitations. For the same reasons set forth in Buis, we certify conflict with Cantens v. Certain Underwriters at Lloyd's London, 388 So. 3d 242 (Fla. 3d DCA 2024), and Cole v. Universal Property & Casualty Insurance Co., 363 So. 3d 1089 (Fla. 4th DCA 2023).
Affirmed; conflict certified. VILLANTI, LUCAS, and ATKINSON, JJ., Concur. Opinion subject to revision prior to official publication.
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Brown v. Safepoint Ins. Co., 394 So. 3d 738 (Fla. 2d DCA 2025)…Brown and Ms. Moreno's argument that the trial court erred by failing to equitably toll 2 the statute of limitations. And in accordance with the reasoning in this court's recent decision in Buis v. Universal Property & Casualty Insurance Co., 394 So. 3d 738 (Fla. 2d DCA 2024), we also reject their argument that section 627.70152(3), Florida Statutes (2022), retroactively applied to their 2017 insurance policy and tolled the statute of limitations. For the same reasons set forth in Buis, we certify…1 / 2
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Smith v. Universal Prop. & Cas. Ins. Co., 49 Fla. L. Weekly D1850 (Fla. 5th DCA 2024)…it was filed.’” Id. (quoting Menendez v. Progressive Express Ins. Co., 35 So. 3d 873, 876 (Fla. 2010)). Following the Sixth District’s holding in Hughes, the Third District Court of Appeal held in Cantens v. Certain Underwriters at Lloyd’s London, 388 So. 3d 242 (Fla. 3d DCA 2024), that section 627.70152 is procedural in nature and applies to all insurance policies, regardless of the date of inception. Agreeing with the Cole decision, the Third District affirmed the dismissal of the insured’s complaint and…1 / 2
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Universal Prop. & Cas. Ins. Co. v. Jada Griffin (Fla. 4th DCA 2026)…prejudice of the plaintiff's complaint for failure to file a pre-suit notice under section 627.70152 even though the plaintiff's policy had issued before the statute's effective date. Id.; see also Cantens v. Certain Underwriters at Lloyd's London, 388 So. 3d 242, 243 (Fla. 3d DCA 2024) (agreeing with Cole). Here, the insurance policy also predated the effective date of section 627.70152, Florida Statutes. It is undisputed that the insured did not provide a pre-suit notice of intent to initiate litigation.…
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- Brown v. Safepoint Ins. Co., 394 So. 3d 738 (Fla. 2d DCA 2025)