Treasure Cay Condominium Association, Inc., etc. v. Frontline Insurance Unlimited Company
The Third DCA issued a per curiam affirmance with citations, upholding the Monroe County circuit court's ruling in favor of the insurer. The condominium association failed to comply with its post-loss obligations — including submitting to an examination under oath — and accordingly could not compel appraisal and could not recover under the policy.
Key facts
- Treasure Cay Condominium Association held a property insurance policy with Frontline Insurance Unlimited Company and filed a claim arising in Monroe County Circuit Court (Lower Tribunal No. 19-CA-269-M), initiated in 2019.
- The association sought to compel appraisal under the policy but had not completed its post-loss obligations, including submission to an examination under oath as required by the policy.
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Holdings
- An insured's failure to comply with post-loss policy obligations relieves the insurer of any duties under the policy as to the claims subject to those obligations.
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