FRANCIA CAMACHO
v.
CITIZENS PROPERTY INSURANCE CORPORATION
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this first-party property insurance dispute, the Florida District Court of Appeal affirmed summary judgment for Citizens Property Insurance Corporation, holding that the insured's nearly three-year delay in reporting purported Hurricane Irma-related damage to her residence barred her claim because the delay prevented the insurer from evaluating, investigating, and adjusting the claim.
The court held that the nearly three-year delay in reporting the damage insurmountably stymied the insurer's ability to evaluate, investigate, and adjust the claim, and therefore summary judgment for the insurer was proper.
“the nearly three-year delay in reporting purported Hurricane Irma-related damage to the residence insurmountably stymied the insurer's ability to evaluate, investigate, and adjust the claim”
Establishes the core holding that the delay was fatal to the insured's claim
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFrancia Camacho held a property insurance policy with Citizens Property Insurance Corporation. She allegedly suffered Hurricane Irma-related damage to…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Prejudice To Insurer cases and more on FLexlaw
MILLER, J.
In this first-party property insurance dispute, the insured, appellant, Francia Camacho, appeals from a final summary judgment rendered in favor of her insurer, appellee, Citizens Property Insurance Corporation.
Having reviewed the summary judgment record de novo, as we must, we discern no error in the trial court's carefully reasoned conclusion that the nearly threeyear delay in reporting purported Hurricane Irma-related damage to the residence insurmountably stymied the insurer's ability to evaluate, investigate, and adjust the claim. See Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla. 2000) (reviewing court employs a de novo standard in appeal from a summary judgment); see also Navarro v. Citizens Prop. Ins. Corp., 353 So. 3d 1276, 1278–80 (Fla. 3d DCA 2023) (affirming an order granting summary judgment for the underlying insurance claim when "[appellant] waited two years and seven months to report the claim" and therefore "[appellant] failed to overcome the presumption [that] Citizens was prejudiced as the result of his failure to timely report his claim”).
Accordingly, we affirm the judgment in all respects.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Volusia Cnty. v. Aberdeen AT Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000)
- Yohandy Varona v. SafePoint Ins. Co., 353 So. 3d 1276 (Fla. 3d DCA 2024)