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.
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