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.
Key facts
- Insureds held a homeowners policy with Universal for August 2019 to August 2020; they reported a roof/water leak loss in August 2020, but Universal alleged the underlying loss actually occurred in May 2020.
- Universal paid approximately $2,000 for interior water damage but denied roof coverage, and asserted a 'prompt notice' affirmative defense.
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Holdings
- Fla. R. Civ. P. 1.100(a) requires a reply containing the avoidance when a party seeks to avoid an affirmative defense; Fla. R. Civ. P. 1.110(d) requires waiver to be specifically pleaded…
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