Universal Property & Casualty Insurance Company v. Thomas J. Yager and Deborah Jo Yager
The Fourth District reversed a trial court's partial summary judgment that had barred an insurer from presenting a "prompt notice" affirmative defense. The court held that the insureds failed to specifically plead waiver in a timely reply as required by Florida Rules of Civil Procedure 1.100(a) and 1.110(d), and that an insurer's partial payment for some claimed damages does not, as a matter of law, waive the right to assert a prompt notice defense to the full claim.
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