IGNACIA FIGUEROA, INDIVIDUALLY, AND AS MOTHER AND NEXT FRIEND OF FRANCISCO FIGUEROA, A MINOR AND FRANCISCO FIGUEROA, INDIVIDUALLY AND AS FATHER AND NEXT FRIEND OF FRANCISCO FIGUEROA, A MINOR, AND FRANCISCO FIGUEROA, A MINOR, APPELLANTS,
v.
U.S. SECURITY INSURANCE COMPANY, APPELLEE
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The court reversed summary judgment for the insurer because material factual issues existed regarding whether the insureds' failure to timely provide a sworn statement constituted a valid defense, given the insurer's admitted coverage and failure to provide a policy copy.
An insurer's defense based on an insured's failure to timely provide a sworn statement is not a sufficient basis for summary judgment when the insurer admitted coverage and failed to provide the policy copy that set forth the sworn statement requirement.
[1] An insurer's defense based on an insured's failure to timely provide a sworn statement is not a sufficient basis for summary judgment when the insurer admitted coverage a…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A defense is not a sufficient basis for granting a motion for summary judgment unless the evidence supporting that defense is so compelling as to establish that no issue of material fact actually exists.”
The court applied this standard to reject summary judgment, finding material factual issues remained regarding the insurer's sworn statement defense.
Insureds sought coverage under an insurance policy and agreed to provide sworn statements after requesting and receiving a copy of the policy that out…
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PER CURIAM.
Insureds appeal a summary judgment in favor of the insurer.
The trial court granted judgment based on insurer’s defense that insureds failed to provide timely a sworn statement. Although the failure to submit a sworn statement constitutes a material breach of the policy, Stringer v. Fireman’s Fund Ins. Co., 622 So. 2d 145 (Fla. 3d DCA), review denied, 630 So. 2d 1101 (Fla.1993), under the facts and circumstances of this case, we reverse the summary judgment. Here, the insurer, who admitted coverage, faded to comply with insureds’ requests for a copy of the policy, and insureds agreed to give sworn statements after receiving a copy of the policy which set forth the obligation to give a sworn statement. See Crown Life Ins. Co. v. McBride, 517 So. 2d 660, 661 (Fla.1987); Allstate Ins. Co. v. Singletary, 540 So. 2d 938 (Fla. 2d DCA 1989); § 627.4137, Fla.Stat. (1993).
Cf Goldman v. State Farm Fire Gen. Ins. Co., 660 So. 2d 300, 305 (Fla. 4th DCA 1995) (compliance two years after loss “satisfies neither the spirit nor intent of the policy conditions at issue.”). “A defense is not a sufficient basis for granting a motion for summary judgment unless the evidence supporting that defense is so compelling as to establish that no issue of material fact actually exists.” Martin County v. Eden-field, 609 So. 2d 27, 29 (Fla.1992).
Because the record reveals material factual issues regarding the insurer’s defense, the summary judgment is reversed.
Reversed and remanded.
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Porcelli v. OneBeacon Ins. Co., Inc., 635 F. Supp. 2d 1312 (M.D. Fla. 2008)…ack of specific policy language in plaintiffs’ Civil Remedy Notice, when defendant failed to provide plaintiffs with a copy of the policy, as requested by plaintiffs and required by Florida statute. See Figueroa v. United States Sec. Ins. Co., 664 So.2d 1130 (Fla. 3d DCA 1995) (reversing grant of summary judgment in favor of insurer based on affirmative defense that insureds failed to timely meet requirement set forth in policy, where insureds agreed to comply with requirement upon receiving copy of pol…
Authorities Cited
- Crown Life Ins. Co. v. McBRIDE, 517 So. 2d 660 (Fla. 1987)
- Goldman v. State Farm Fire Gen. Ins. Co., 660 So. 2d 300 (Fla. 4th DCA 1995)
- Martin Cnty. v. Edenfield, 609 So. 2d 27 (Fla. 1992)
- Evans v. State, 660 So. 2d 300 (Fla. 5th DCA 1995)
- Davis v. State, 622 So. 2d 145 (Fla. 1st DCA 1993)
- Evans v. State, 622 So. 2d 145 (Fla. 1st DCA 1993)
- Allstate Ins. Co. v. Singletary, 540 So. 2d 938 (Fla. 2d DCA 1989)