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Ronald St. Pierre and Beth St. Pierre, Appellants, v. State Farm Florida Insurance Company, Appellee.
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.
Harris, J.
Jay, C.J., and Edwards, J., concur.
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Docket No: Case No. 5D2024-0705
Decided: May 29, 2026
Court: District Court of Appeal of Florida, Fifth District.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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