Tag Archives: condition precedent

Sworn Proof of Loss is a Condition Precedent, and Florida’s 5th DCA Applies Presumption of Prejudice Rule

Typical property policies require the insured to cooperate with the insurer in the investigation of the claim, and specifically require the insured to submit a sworn proof of loss, provide timely responses to an insurer’s request for documentation related to the claim and, if requested, submit to examinations under oath. If the insured fails to … Continue Reading

Late Notice and Prejudice: Florida’s Fourth District Court of Appeal Finds Insufficient Evidence To Rebut Presumption Of Prejudice To Insurer

Late notice issues have been cropping up consistently in the Florida appellate courts in the context of Hurricane Wilma claims being reported years after the storm.  The latest decision, Slominski v. Citizens Property Ins. Corp., 2012 Fla. App. LEXIS 16730 (Fla. 4th DCA Oct. 3, 2012) attempts to reconcile other recent Fourth District opinions. In Slominski, … Continue Reading

Prompt Notice and Timely Proof of Loss Requirements Deemed Conditions Precedent to Recovery Under Property Insurance Policy By Florida District Court of Appeal

Typical property policies require the insured to cooperate with the insurer in the investigation of the claim, and specifically require the insured to submit a sworn proof of loss, provide timely responses to an insurer’s request for documentation related to the claim and, if requested, submit to examinations under oath. If the insured fails to … Continue Reading
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