FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
from the Circuit Court for Hillsborough County; Emmett Lamar
Melissa A. Giasi of Sivyer Barlow & Watson, P.A., Tampa; and
Gregory Saldamando of The Strems Law Firm, Coral Gables, for
Mihaela Cabulea and Anthony J. Russo of Butler Weihmuller
Katz Craig LLP, Tampa, for Appellee.
Rodriguez appeals the final summary judgment entered in favor
of Avatar Property and Casualty Insurance Company. Ms.
Rodriguez filed a complaint against Avatar alleging that it
breached the parties' contract of insurance. Avatar filed
two motions for summary judgment, one asserting that Ms.
Rodriguez breached her obligations under the insurance
contract and the other based on a claim of fraud. The trial
court entered final summary judgment on both grounds. We
Rodriguez purchased an insurance policy from Avatar,
effective December 14, 2015, through December 14, 2016, for a
home located in Tampa, Florida. The operative pleading in
this case is Ms. Rodriguez's breach of contract
complaint. As of the time of the entry of the final summary
judgment, Avatar had not filed an answer.
complaint alleges that Ms. Rodriguez made a claim for a loss
caused by a water discharge in a bathroom occurring on April
13, 2016. The complaint alleges that the loss is covered by
the homeowner's policy and that Avatar breached the
contract by denying coverage.
responded by filing two separate motions for summary judgment
alleging that Ms. Rodriguez failed to satisfy certain
post-loss contractual obligations and that her claim was
fraudulent. The trial court
granted both motions and entered final summary judgment in
favor of Avatar. This appeal ensued.
Relevant Policy Provisions
Section I of the policy, paragraph two of the
"Conditions" identifies certain duties imposed upon
Ms. Rodriguez in case of a loss. Pertinent to the instant
case, paragraph two states:
In case of loss to a covered property, you must see that all
of the following are done:
a. Give prompt notice to us or our agent;
f. As often as we reasonably ...