July 6, 2022Share
Daniel Montgomery Successfully Obtained A Full Dismissal
Daniel Montgomery, Partner in Kelley Kronenberg’s Jacksonville office, successfully obtained a full dismissal, requiring Plaintiff to comply with the pre-suit notice requirements set forth in Florida Statutes §627.70152(3).
Plaintiff filed a Complaint alleging his insurance company failed to fully cover and pay for his damages in breach of his homeowner’s insurance policy which predated the enactment of §627.70152(3).
On behalf of Family Security Insurance Company, Kelley Kronenberg Attorney, Daniel Montgomery, filed a Motion to Dismiss arguing Fla. Stat. §627.70152(5) requires that Plaintiff’s Complaint be dismissed on account of his failure to comply with the statute’s pre-suit requirements. In turn, Plaintiff argued the pre-suit requirements cannot be retroactively applied as the statute is substantive. Upon consideration of the conflicting arguments, the Honorable G.L. Feltel, Junior opined the section of the statute governing the provision of notice is procedural and, therefore, Plaintiff must comply with the pre-suit notice requirement; and he entered an order dismissing Plaintiff’s case.