Thursday, July 21, 2011

Third District Affirms Summary Judgment For Failure To Comply With Post Loss Obligations

In Gonzalez v. State Farm Florida Insurance Company (3D10-2269), the Third District affirmed the trial court's dismissal of a lawsuit against State Farm. The court held that:
The summary judgment entered below for the insurer on the ground that the insured had failed to comply with the pre-suit requirements of the policy that, among other things, she provide a satisfactory proof of loss and submit to an examination under oath, is affirmed.....In particular, we find no error or abuse of discretion in the trial court’s denial of insured’s request to “abate” the action, which was first made almost five years after the loss and only in the face of an imminent ruling against her at the hearing on the carrier’s motion for summary judgment.


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