Legal Topics

Insurance — Homeowners — Coverage — Conditions precedent — Post-loss obligations — Prompt notice — Presumption of prejudice to insurer arose when insured reported loss 19 months after discovery of damage to roof eave, insured undertook two failed and undocumented repairs prior to reporting damage, and condition of property worsened over time — Although there may be disputed issues of fact as to whether insurer was prejudiced in determining cause of loss, record forecloses insured’s ability to overcome prejudice to insurer’s ability to evaluate extent of damage — Summary judgment entered in favor of insurer
Apr 14th, 2026 in by admin

Insurance -- Homeowners -- Coverage -- Conditions precedent -- Post-loss obligations -- Prompt notice -- Presumption of prejudice to insurer arose when insured reported loss 19 months after discovery of damage to roof eave, insured undertook two failed and undocumented…


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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
Apr 11th, 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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