YOHANDY VARONA
v.
SAFEPOINT INSURANCE COMPANY
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An insured's failure to provide prompt notice of loss within a reasonable time supports denial of recovery under an insurance policy, with prejudice to the insurer presumed upon finding untimely notice.
[1] A presumption of prejudice to the insurer arises upon a finding that notice of loss was not timely given, eliminating the insurer's burden to prove actual prejudice from…
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Join FLexlaw to unlock all legal intelligence“the first step in the analysis is to determine whether . . . the notice was timely given. If the notice was untimely, then prejudice to the insurer is presumed”
LoBello v. State Farm Fla. Ins. Co., 152 So. 3d 595, 599 (Fla. 2d DCA 2014) describing the two-step process for evaluating untimely notice claims.
Yohandy Varona filed a claim against SafePoint Insurance Company for a covered loss. The insurer denied the claim based on Varona's failure to report …
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Opinion filed April 17, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-1438 Lower Tribunal No. 20-1317
________________
Yohandy Varona,
Appellant,
vs.
SafePoint Insurance Company,
Appellee. An appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Giasi Law, P.A., and Erin M. Berger, and Melissa A. Giasi (Tampa), for appellant. Bickford & Chidnese, LLP, and Frieda C. Lindroth, and Patrick M. Chidnese (Tampa), for appellee. Before LOGUE, C.J., and MILLER, and LOBREE, JJ. MILLER, J.
Affirmed. See LoBello v. State Farm Fla. Ins. Co., 152 So. 3d 595, 599 (Fla. 2d DCA 2014) (outlining two-step process to determine whether insured’s untimely reporting of loss is sufficient to support denial of recovery under policy as follows: “[t]he first step in the analysis is to determine whether
. . . the notice was timely given. If the notice was untimely, then prejudice to the insurer is presumed”) (internal citations omitted); Navarro v. Citizens
Prop. Ins. Corp., 353 So. 3d 1276, 1280 (Fla. 3d DCA 2023) (finding insured failed to act “with reasonable dispatch” and report “within a reasonable time” by waiting to make claim until after damage was repaired) (quoting Laquer v. Citizens Prop. Ins. Corp, 167 So. 3d 470, 474 (Fla. 3d DCA 2015)); Ideal
Mut. Ins. Co. v. Waldrep, 400 So. 2d 782, 785–86 (Fla. 3d DCA 1981) (concluding reporting of six weeks after alleged loss is not prompt notice);
see also Laquer, 167 So. 3d at 474 (Fla. 3d DCA 2015) (holding notice is prompt when given “‘with reasonable dispatch and within a reasonable time in view of all of the facts and circumstances of the particular case’”) (quoting
Yacht Club on the Intracoastal Condo. Ass’n, Inc. v. Lexington Ins. Co., 599
F. App’x 875, 879 (11th Cir. 2015)); Arce v. Citizens Prop. Ins. Corp., 2024
WL 24945, at *5 (Fla. 3d DCA Jan. 3, 2024) (“Prejudice to the insurer from a breach of the prompt notice provision is manifest, thus justifying the presumption [of prejudice].”).
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Yohandy Varona v. SafePoint Ins. Co., 353 So. 3d 1276 (Fla. 3d DCA 2024)…cy as follows: “[t]he first step in the analysis is to determine whether . . . the notice was timely given. If the notice was untimely, then prejudice to the insurer is presumed”) (internal citations omitted); Navarro v. Citizens Prop. Ins. Corp., 353 So. 3d 1276, 1280 (Fla. 3d DCA 2023) (finding insured failed to act “with reasonable dispatch” and report “within a reasonable time” by waiting to make claim until after damage was repaired) (quoting Laquer v. Citizens Prop. Ins. Corp, 167 So. 3d 470, 474 (Fla.…
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Previewing 3 of 23 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- LoBELLO v. State Farm Fla. Ins. Co., 152 So. 3d 595 (Fla. 2d DCA 2014)
- Ideal Mut. Ins. Co. v. Waldrep, 400 So. 2d 782 (Fla. 3d DCA 1981)
- Edie Laquer v. Citizens Prop. Ins. Corp., 167 So. 3d 470 (Fla. 3d DCA 2015)
- Yohandy Varona v. SafePoint Ins. Co., 353 So. 3d 1276 (Fla. 3d DCA 2024)