In Perez v. Citizens Property Insurance Corporation, No. 3D20-1709 (Fla. 3d DCA July 6, 2022), the Third District Court of Appeal affirmed summary judgment entered in favor of the insurer.  The plaintiff-insured filed her Hurricane Irma-related property damage claim two years after alleged date of loss, entitling Citizens to a presumption of prejudice due to the insured’s late reporting of the claim. Citizens moved for summary judgment, and the insured submitted an expert affidavit opposing the motion, asserting the damage was related to Hurricane Irma based upon the insured’s statements, a review of the historic weather data, and a review of the property damage three years after the alleged date of loss, most of which had already been repaired. The Third DCA found the affidavit was insufficient in establishing a genuine issue of material fact and did not rebut the presumption of prejudice for late reporting. The insured had made several repairs and maintained no documentation or photos reflecting the extent of the alleged storm-related damage, which made it impossible for Citizens to determine what it owed. Read more here.