LINDA RABER AND CECIL RABER
v.
STATE FARM FLORIDA INSURANCE COMPANY
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An insurer may rely on untimely notice of loss as grounds for summary judgment where the delay prejudices the insurer's ability to evaluate the claim.
[1] Untimely notification of an insurance loss that prejudices the insurer's ability to evaluate the claim constitutes valid grounds for summary judgment in favor of the insu…
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Join FLexlaw to unlock all legal intelligenceLinda and Cecil Raber filed an insurance claim with State Farm Florida Insurance Company. The insureds provided notice of the loss after the time peri…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
LINDA RABER AND CECIL RABER,
Appellants,
v. Case No. 5D19-2228
STATE FARM FLORIDA INSURANCE
COMPANY,
Appellee.
________________________________/
Opinion filed January 26, 2021
Appeal from the Circuit Court for Brevard County, James H. Earp, Judge.
Matthew G. Struble and Christine Skubala Cohen, of Struble, P.A., Fort Lauderdale, for Appellants.
C. Ryan Jones and Scot E. Samis, of
Traub Lieberman Straus & Shrewsberry, LLP, St. Petersburg, for Appellee.
PER CURIAM.
AFFIRMED. See De La Rosa v. Fla. Peninsula Ins. Co., 246 So 3d 438, 442 (Fla. 4th DCA 2018) (affirming summary judgment entered in favor of insurer where insured untimely notified insurer of loss prejudicing the insurer in its ability to evaluate claim); Keel v. Indep. Life & Accident Ins. Co., 99 So. 2d 225, 227 (Fla. 1957) (“[W]hen an insurer denies liability during the period prescribed for the presentation of proof of
2
loss on grounds not relating to the proof of loss, such denial will ordinarily be considered as a waiver of the provisions of the policy requiring the filing of a proof of loss.”) (emphasis added).
EVANDER, C.J., WALLIS and SASSO, JJ., concur.