In Savoy v. American Platinum Property & Casualty Ins., 2023 WL 4095772 (Fla. 4th DCA Jun. 21, 2023), the Fourth DCA reversed summary judgment for the insurer in a homeowners’ breach of policy case, finding the trial court erred in relying on a deficient affidavit. The insurer relied upon its corporate representative’s affidavit, which attached communications between the field adjuster, public adjuster and homeowners. However, the affidavit did not indicate any basis for the corporate representative’s knowledge of statements about the claim or his employment.

On appeal, the Fourth DCA reiterated that corporate representative affidavits supporting summary judgment are not excepted from the personal knowledge requirement. The affiant provided no basis for personal knowledge or competency as he stated he reviewed the insurer’s file, but did not claim knowledge of its recordkeeping practices and merely restated elements of the business records exemption in a conclusory manner. The Fourth DCA held that the affidavit and attached documents should have been disregarded by the trial court as it failed to satisfy the requirements to be used to support a motion for summary judgment. Read more HERE.