A-Team Response Restoration Corp., A/A/O Orquidea Tzikas v. Florida Peninsula Insurance Company

Summary

The Florida Third District Court of Appeal affirmed the circuit court in an insurance coverage dispute involving late notice of loss and alleged breaches of post-loss obligations. The court relied on Florida precedent concerning waiver, presumed insurer prejudice, and the insured’s burden to rebut that presumption.

Holdings

1. The insurer did not waive its untimely-notice defense merely by denying coverage on other grounds, including a policy exclusion, without raising untimely notice or prejudice in its coverage letter.
2. Where an insured fails to provide prompt notice or substantially comply with post-loss obligations, prejudice to the insurer is presumed, and the burden shifts to the insured to present evidence rebutting that presumption; an issue concerning prejudice may be resolved on summary judgment when the insured presents insufficient rebuttal evidence.

Questions Presented

1. Whether the insurer waived its untimely-notice defense by denying the claim on other grounds without raising untimely notice or prejudice in its coverage letter.
2. Whether the record supported the lower court's resolution of the insured's late-notice and resulting prejudice issues.

Disposition

affirmed