Gonzalez v. People's Trust Insurance Co.
Homeowners whose property was damaged by Hurricane Irma submitted a sworn proof of loss listing the loss amount as 'pending' because the insurer had not yet produced its own estimate under its Preferred Contractor Endorsement. The Third DCA reversed summary judgment for People's Trust, holding that whether the insureds substantially complied with their post-loss obligations (as opposed to totally failing to comply) is a disputed question of fact precluding summary judgment, particularly where coverage had already been conceded.
Key facts
- Homeowners submitted a sworn proof of loss for Hurricane Irma damage listing the loss amount as 'pending' because the insurer had not yet provided its own estimate under the Preferred Contractor Endorsement.
- The trial court granted summary judgment for the insurer (People's Trust) based on the insureds' alleged failure to comply with post-loss obligations.
- +2 more key facts with a free trial
Why it matters
This decision gives first-party property policyholders a strong tool against summary judgment on post-loss-compliance defenses, reaffirming the substantial-compliance fact question (Solano, Himmel, Figueroa) in the… — full analysis with a trial
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