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Summary Judgment Upheld Where Insured Failed to Comply with Post-Loss Obligations Notwithstanding No Prejudice

Caryn Bellus and Bretton Albrecht, of our Miami office, persuaded the Fourth District Court of Appeal to uphold a summary judgment in favor of an insurer in a first-party property loss. In Branford v. American Integrity Insurance Co. of Florida, 297 So. 3d 551 (Fla. 4th DCA 2020), the Fourth District Court of Appeal agreed that the insured’s failure to comply with multiple post-loss obligations in connection with her water loss claim, as well as her prior similar water loss claim with a different carrier, required judgment for the insurer despite the insured’s argument that the insurer was required, but failed to prove, that it was prejudiced by the noncompliance.

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