14 Fla. L. Weekly Supp. 174b
Insurance — Homeowners — Where homeowner’s insurance policy was issued before effective date of section 627.7011, which requires insurer to offer law and ordinance and replacement value coverage when issuing or renewing policy, homeowner is not entitled to declaration that statute applies to policy, as constitution bars retroactive application of statute to change rights that vested before statute went into effect
MAYELIS SALCEDO, Petitioner, v. CITIZENS PROPERTY INSURANCE CORPORATION, Respondent. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 06-08348 CC 05. October 3, 2006. Steven D. Robinson, Judge. Counsel: William Terry. Jose P. Font, Vernis & Bowling of Broward, P.A., Fort Lauderdale, for Defendant.
ORDER ON DEFENDANT’S MOTION TO DISMISS
THIS CAUSE having come on for hearing on Defendant’s Motion to Dismiss the Plaintiff’s Complaint, and the Court having heard argument of counsel on September 20, 2006 and otherwise being fully advised in the premises, it is, hereby,
ORDERED AND ADJUDGED:
1. The Defendant’s Motion to Dismiss is GRANTED with prejudice.
2. In granting judgment on the pleadings, the Court finds that based on the Plaintiff’s ore tenus stipulation that the subject homeowner’s insurance policy was issued before October 1, 2005, as a matter of law, the Plaintiff is not entitled to declaratory relief as to the application of Fla. Stat. 627.7011 to the policy, since the Florida Constitution bars the statute from being applied retroactively to change the rights that vested before the statute went into effect. Fla. Const. Art. I., Sec. 10; Lumbermens Mutual Casualty Company v. Ceballo, 440 So.2d 612 (Fla. 3rd DCA 1983) (“It is well settled in Florida that the statute in effect at the time the insurance contract is executed governs any issues arising under that contract.”State Farm Mutual Automobile Insurance Company v. Laforet, 658 So.2d 55 (Fla. 1995) (“Supreme Court will refuse to apply statute retroactive if it impairs vested rights, creates new obligations, or imposes new penalties, even if legislature expressly states that statute is to have retroactive application.”)
