1500 Coral Towers Condominium Ass'n v. Citizens Property Insurance Corp.
112 So. 3d 541
| Fla. Dist. Ct. App. | 2013Background
- Coral Towers appeal final summary judgment in favor of Citizens on breach of contract after Hurricane Wilma damages.
- Coral Towers held a Citizens commercial-residential policy; notice required prompt notice and sworn proof of loss within 60 days.
- Coral Towers did not notify until June 29, 2010, about damages from Wilma; sworn proof of loss submitted three months after suit, with initial inspection in August 2010.
- Citizens asserted defenses for late notice and failure to provide proof of loss within 60 days, and argued suit requirements under policy 15 (five-year limit).
- Trial court granted summary judgment finding prejudice from late notice; court conducted de novo review and affirmed prejudicial effect and failure to overcome presumption.
- Court substitutes opinion on rehearing, affirming that Coral Towers failed to rebut the presumption of prejudice and that Citizens was entitled to summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Coral Towers’ notice of loss timely under the policy? | Coral Towers argues notice was timely given evolving damages. | Citizens argues notice was untimely and prejudicial. | No; notice was untimely and triggered prejudice to Citizens. |
| Did late notice create a presumption of prejudice that Coral Towers failed to rebut? | Coral Towers contends rebuttal evidence exists. | Citizens contends presumption stands absent contrary evidence. | Yes; presumption of prejudice stood and was not overcome. |
| Can the insured overcome the prejudice presumption on summary judgment? | Coral Towers lacked sufficient evidence to rebut prejudice. | Citizens asserts late-notice prejudice cannot be shown by conclusory statements. | No; insufficient evidence to rebut prejudice; summary judgment affirmed. |
Key Cases Cited
- Ideal Mut. Ins. Co. v. Waldrep, 400 So.2d 782 (Fla. 3d DCA 1981) (prejudice presumed from late notice; insurer may be prejudiced)
- Soronson v. State Farm Fla. Ins. Co., 96 So.3d 949 (Fla. 4th DCA 2012) (burden shifts to insured to show insurer not prejudiced)
- Bankers Ins. Co. v. Macias, 475 So.2d 1216 (Fla. 1985) (presumption of prejudice when notice is late)
- City Mgmt. Grp. Corp. v. Am. Reliance Ins. Co., 528 So.2d 1299 (Fla. 3d DCA 1988) (presumption of prejudice arises from late notice; insufficient record to overcome)