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De La Rosa v. Florida Peninsula Insurance Co.

Florida Court of Appeals, Fourth District

May 16, 2018

CARLOS DE LA ROSA and FANNY DE LA ROSA, Appellants,
v.
FLORIDA PENINSULA INSURANCE COMPANY, Appellee.

         Not final until disposition of timely filed motion for rehearing.

          Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; David A. Haimes, Judge; L.T. Case No. CACE 15-018784(08).

          Dennis N. Urbano of Greenberg Stone & Urbano, Miami, for appellants.

          Amy L. Koltnow of Colodny Fass, Sunrise, for appellee.

          WARNER, J.

         Appellant 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.

         Appellants insured their home with the appellee insurer, Florida Peninsula Insurance Company. The insurance endorsement attached to appellants' homeowners' insurance policy provides:

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 reasonably require;
(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 ...

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