Borgese v. Citizens Property Insurance Corporation

Third DCA

Borgese v. Citizens Property Insurance Corporation
3d DCA

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. 104035_i.pdf

Terry P. Roberts
Director of Appellate Practice Fischer Redavid PLLC
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