Elvis Diaz, et al. v. Universal Property & Casualty Insurance Company
The Third DCA issued a per curiam citation affirmance of summary judgment for a property insurer, reconfirming that an insurer does not waive post-loss affirmative defenses by issuing payment when it has expressly reserved its rights, and that an insured's failure to comply with pre-suit policy requirements independently supports summary judgment.
Key facts
- Elvis Diaz and co-plaintiffs brought a property insurance action against Universal Property and Casualty Insurance Company in Miami-Dade County Circuit Court (Lower Tribunal No. 20-2852-CA-01).
- Universal issued payment on the insureds' claim but also issued a reservation of rights letter expressly preserving its post-loss affirmative defenses.
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Holdings
- Payment by an insurer to its insured does not constitute waiver of post-loss affirmative defenses.
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