SFR Services LLC / Wild Oak Bay Owners Association, Inc. v. American Coastal Insurance Company
The Second DCA reversed summary judgment in favor of American Coastal on a Hurricane Irma claim reported 1,053 days after the storm, holding that the insurer's own policy language shifted the burden to the insurer to prove prejudice from the late notice — rather than requiring the insured to disprove it. The court also held that rejecting the insured's expert testimony at summary judgment was error, as expert credibility is exclusively a jury function. Conflict certified.
Key facts
- SFR Services LLC and Wild Oak Bay Owners Association sought coverage under an American Coastal Insurance Company policy for Hurricane Irma damage; the Association became aware of the damage in November 2017 but did not report the claim until over 1,053 days later.
- The trial court granted summary judgment in favor of American Coastal on the insurer's late-notice defense, rejecting the insured's expert testimony on credibility grounds.
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Why it matters
This decision is significant on two fronts. First, it establishes that an insurer cannot use a contractual late-notice defense to avoid coverage through summary judgment when the insurer's own policy places the burden… — full analysis with a trial
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