Universal Property and Casualty Insurance Company v. Endrina Maria Montilva Davila and Rafael Molina
CourtDistrict Court of Appeal of Florida
Date FiledJuly 22, 2026
Docket4D2025-0848
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY,
Appellant,
v.
ENDRINA MARIA MONTILVA DAVILA and RAFAEL MOLINA,
Appellees.
No. 4D2025-0848
[July 22, 2026]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; William W. Haury, Jr., Judge; L.T. Case No.
062022CA000514AXXXCE.
Kara Rockenbach Link and David A. Noel of Link & Rockenbach, PA,
West Palm Beach, for appellant.
Paul B. Feltman of Alvarez, Feltman, Da Silva & Costa, PL, Miami, for
appellees.
PER CURIAM.
Universal Property & Casualty Insurance Company appeals a final
judgment awarding $139,560.58 to homeowners, Endrina Maria Montilva
Davila and Rafael Molina. After the homeowners filed a lawsuit against
Universal, Universal moved to dismiss pursuant to section 627.70152,
Florida Statutes (2021). Universal argued the homeowners failed to
provide the Department of Financial Services with written notice at least
ten business days before filing the lawsuit as required by section
627.70152.
That statute, amended on July 1, 2021, mandates that a trial court
dismiss, without prejudice, any lawsuit relating to a claim for which notice
of intent to litigate was not given. In Cole v. Universal Property & Casualty
Insurance Co., 363 So. 3d 1089, 1091 (Fla. 4th DCA 2023), we held that
the amendments effective on July 1, 2021 applied to policies in existence
on that date. The homeowners argue Cole does not apply because the
policy at issue expired one month prior to the statute’s effective date. We
previously rejected this argument. See Universal Prop. & Cas. Ins. Co. v.
Griffin, 51 Fla. L. Weekly D352 (Fla. 4th DCA Feb. 25, 2026). We are bound
to follow Cole and Griffin, and reverse the circuit court’s final judgment.
On remand, the circuit court shall dismiss the case without prejudice.
Reversed.
KUNTZ, C.J., SHEPHERD and LOTT, JJ., concur.
* * *
Not final until disposition of timely-filed motion for rehearing.
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