final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; David A. Haimes, Judge; L.T. Case No. CACE
N. Urbano of Greenberg Stone & Urbano, Miami, for
Koltnow of Colodny Fass, Sunrise, for appellee.
insureds challenge a final summary judgment for appellee
insurer in a case involving water intrusion into their home
because of a septic tank backup. The trial court concluded
that the insureds had failed to overcome the presumption that
their failure to timely report their claim had prejudiced the
insurer's investigation. We affirm the summary judgment.
insured their home with the appellee insurer, Florida
Peninsula Insurance Company. The insurance endorsement
attached to appellants' homeowners' insurance policy
SECTION I - CONDITIONS
2. Your Duties After Loss 2.a. is replaced
by the following: a. Give prompt notice to us or our agent; .
. . .
2. Your Duties After Loss 2.f. is replaced
by the following: f. As often as we
(1) Show us the damaged property; . . . .
8. Suit Against Us
No action can be brought against us; unless:
a. There has been full compliance with all
of the terms of this ...