Shivdasani v. Universal Property & Casualty Insurance Co.
Homeowners sued their insurer without ever submitting a sworn proof of loss despite at least four requests. The Third DCA affirmed the determination that the insureds failed to comply or substantially comply with the post-loss sworn proof of loss condition court holding that where no sworn proof of loss is submitted at all there can be no substantial compliance but reversed and remanded for the trial court to apply the second prong of American Integrity Ins. Co. v. Estrada, under which prejudice to the insurer is presumed and the insured may rebut it.
Key facts
- Homeowners insured under a property insurance policy suffered property damage and retained a public adjuster to pursue their claim, but never submitted a sworn proof of loss despite the insurer's at least four requests over the policy's 60-day deadline.
- The homeowners submitted only unsworn third-party documents (a mold report and condominium leak report) prepared by the public adjuster, which contained conflicting dates of loss and did not constitute a sworn proof of loss.
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Why it matters
This opinion gives first-party property insurers a strong statement that total failure to submit any sworn proof of loss forecloses a substantial-compliance jury question as a matter of law, while confirming that… — full analysis with a trial
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