Borgese v. Citizens Property Insurance Corporation
5/3/23, Per Curiam (C.J. Fernandez and Judges Logue and Miller)
Topics: Summary Judgment Standard
This is a citation PCA relying on another case from the Third DCA from earlier this year. In some insurance cases, the failure of the insured to timely report a claim results in a presumption of prejudice against the carrier. That presumption must be rebutted. And in this case, the carrier won the whole case as a result of the presumption of prejudice at the summary judgment stage because the insurer failed to adequately rebut the presumption with summary judgment evidence. Affirmed.