CARLOS ALVAREZ AND YAMILKA CABRERA
v.
PEOPLE'S TRUST INSURANCE COMPANY
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Failure to timely submit a sworn proof of loss when required by an insurance policy constitutes a material breach of a condition precedent that relieves the insurer of its policy duties regardless of prejudice.
[1] Submission of a sworn proof of loss when required by an insurance policy is a condition precedent to coverage, and material breach thereof relieves the insurer of its pol…
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Join FLexlaw to unlock all legal intelligence“It is well settled in Florida that submission of a sworn proof of loss when required by an insurance policy is a condition precedent to coverage.”
Hunt v. State Farm Fla. Ins. Co., cited as established Florida law
Carlos Alvarez and Yamilka Cabrera held a homeowners insurance policy with People's Trust Insurance Company. The insured failed to submit a sworn proo…
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PER CURIAM.
Affirmed. Arguello v. People's Tr. Ins. Co., 315 So. 3d 35, 40 (Fla. 4th DCA 2021) (“To adopt the insureds’ construction of the policy would require us to add words to the policy language that ‘only’ CONDITIONS C.7 and 8 of the Duties after Loss apply when the insurer exercises its option to repair.”); Hunt v. State Farm Fla. Ins. Co., 145 So. 3d 210, 211 (Fla. 4th DCA 2014) (“It is well settled in Florida that submission of a sworn proof of loss when required by an insurance policy is a condition precedent to coverage.”
(internal citations omitted)); Am. Integrity Ins. Co. v. Estrada, 276 So. 3d 905, 915 (Fla. 3d DCA 2019) (“[W]hen an insured fails to comply with a condition precedent before filing suit, the breach is deemed material and the insurer is relieved from its policy duties irrespective of prejudice.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- People's Tr. Ins. Co. v. Socarras, 276 So. 3d 905 (Fla. 3d DCA 2020)
- Arguello v. People's Tr. Ins. Co., 315 So. 3d 35 (Fla. 4th DCA 2021)
- Hunt v. State Farm Fla. Ins. Co., 145 So. 3d 210 (Fla. 4th DCA 2014)