Perez v. Citizens Property Insurance Corp.
An insured reported Hurricane Irma damage more than two years after the loss, after performing undocumented repairs. To rebut the presumption of prejudice from late notice, she offered an expert affidavit based on an inspection conducted nearly three years post-loss. The Third DCA affirmed summary judgment for Citizens, holding the expert opinion was wholly conclusory and legally insufficient to create a fact issue on rebutting the presumption of prejudice.
Key facts
- Insured reported Hurricane Irma damage to Citizens Property Insurance more than two years after the loss occurred, after performing undocumented repairs to the property.
- Insured offered an expert affidavit based on an inspection conducted nearly three years post-loss to rebut the presumption of prejudice arising from late notice of claim.
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Why it matters
This opinion draws a practical line between Hope and Vega for late-notice property claims: what matters is not merely the passage of time before the insured's expert inspects, but whether the expert has access to… — full analysis with a trial
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