Legal Topics

Insurance — Homeowners — Coverage — Conditions precedent — Post-loss obligations — Notice of loss — Homeowners’ failure to promptly report loss to insurer raised rebuttable presumption of prejudice to insurer — Genuine issues of fact remain as to whether presumption was rebutted or whether insurer was unduly prejudiced by untimely notice where there was no evidence of repairs being made to roof in interim between loss and notice of loss, and homeowners’ expert attested that damage to roof and interior water damage were caused by hurricane — Motions for summary judgment denied
Aug 28th, 2026 in by admin

JONATHAN CLAVIJO MONTOYA, et al., Plaintiff, v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. Circuit Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 2024-012668-CA-01. Section CA25. October 30, 2025. Valerie R. Manno Schurr, Judge. Counsel: Frantz Nelson, Levin Litigation,…


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IT IS ERROR FOR A COURT TO USE A MOTION IN LIMINE AS A MOTION FOR SUMMARY JUDGEMENT—MOTION IN LIMINE ORDER EXCLUDING “ALL DAMAGES EVIDENCE” EFFECTIVELY AND IMPERMISSIBLY DISPOSED OF THE CASE BEFORE TRIAL
Aug 25th, 2026 in by admin

Greenaker v. Universal Property & Casualty Ins. Co., 51 Fla. L. Weekly D948 (Fla. May 8, 2026): The plaintiffs sued the defendant insurer for storm damage to their home in November 2020. They alleged that they provided an estimate documenting…


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