Universal Property & Casualty Ins. Co. v. Horne
Universal denied further payment on a homeowner's water-loss claim and pled the insured's failure to submit a sworn proof of loss within 60 days as an affirmative defense. The trial court found waiver by payment, substantial compliance, and no prejudice, denied Universal's summary judgment motion, and granted the insured summary judgment on the affirmative defenses, barring the defense at trial. The Third DCA reversed, holding that issuing payment and investigating a claim does not waive the sworn proof of loss requirement, and remanding for the parties to litigate under the burden-shifting framework of American Integrity Ins. Co. v. Estrada.
Key facts
- Universal Property & Casualty Insurance denied further payment on the insured's homeowner's water-loss claim and asserted the insured's failure to submit a sworn proof of loss within 60 days as an affirmative defense.
- The trial court found waiver by payment, substantial compliance, and no prejudice, then granted summary judgment for the insured barring the affirmative defense at trial.
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Why it matters
This decision reinforces the Third DCA's Estrada burden-shifting framework for post-loss obligation defenses in first-party property cases and confirms that an insurer does not waive the sworn proof of loss condition… — full analysis with a trial
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