MIGUEL SANTANA, ET AL.
v.
CITIZENS PROPERTY INSURANCE CORPORATION
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An insured who fails to timely report a claim cannot overcome the presumption of prejudice without adequate evidence to the contrary.
[1] An insured's failure to timely report an insurance claim creates a presumption of prejudice to the insurer, which the insured must adequately counter with evidence to sur…
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Join FLexlaw to unlock all legal intelligence“affirming summary judgment in favor of insurer where insured failed to "adequately counter the presumption of prejudice" resulting from insured's failure to timely report claim”
Court's citation to Navarro v. Citizens Prop. Ins. Corp., 353 So. 3d 1276, 1280 (Fla. 3d DCA 2023)
Miguel Santana and Danays Estopinan filed an appeal from a circuit court decision in Miami-Dade County regarding a property insurance claim against Ci…
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Third District Court of Appeal State of Florida
Opinion filed December 20, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-906 Lower Tribunal No. 21-9347 ________________
Miguel Santana and Danays Estopinan, Appellants,
vs.
Citizens Property Insurance Corporation, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge.
Shahady & Wurtenberger, P.A., and John J. Shahady (Fort Lauderdale), for appellants.
Paul R. Pearcy, P.A., and Maureen G. Pearcy, for appellee.
Before LINDSEY, HENDON, and LOBREE, JJ.
PER CURIAM.
2
Affirmed. See Navarro v. Citizens Prop. Ins. Corp., 353 So. 3d 1276, 1280 (Fla. 3d DCA 2023) (affirming summary judgment in favor of insurer where insured failed to “adequately counter the presumption of prejudice” resulting from insured’s failure to timely report claim).