Universal Property & Casualty Insurance Company v. Yunia Alvarez
The Third District reversed a homeowners breach-of-contract judgment and remanded for a new trial, holding the trial court gave an inaccurate jury instruction by limiting the presumption of prejudice to the prompt-notice defense. Under Estrada, once an insurer establishes that the insured materially failed to satisfy any contractually mandated post-loss obligation, prejudice is presumed and the burden shifts to the insured to prove the insurer was not prejudiced; sufficient evidence supported instructing on all of Universal's post-loss defenses.
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