In Huy Hien Tang the Third District Court of Appeal recently affirmed an order compelling arbitration in a dispute between homeowners and Citizen Property Insurance Corporation. The Court addressed whether an insurer’s total denial of coverage waives its right to seek arbitration and whether specific Florida Statutes render such arbitration clauses unenforceable. Applying a three part test for arbitration, the court found that Citizens acted consistently with its contractual rights by moving to arbitrate immediately after responding to a presuit notice. The court specifically noted that under section 627.361(6)(ii)1., Florida Statutes, Citizens is authorized to adopt policy forms that resolve coverage and scope disputes via the Division of Administrative Hearings, a provision that supersedes broader insurance litigation statutes. Ultimately, the court held that because a “dispute regarding a claim determination” only arises after a denial, treating that denial as a waiver would render the policy’s arbitration provision illusory and meaningless. See full opinion: here

Huy Hien Tang, et al. v. Citizens Property Insurance Corporation – 3D25-0338 (April 8, 2026)