GRAY v. FLORIDA PENINSULA INSURANCE COMPANY (2023)

Mr. and Mrs. Gray (“Grays”) appeal the final judgment of the trial court granting Florida Peninsula Insurance Company's (“Insurer”) motion for summary judgment.¹ This Court has jurisdiction. Fla. R. App. P. 9.030(b)(1)(A).

Section 627.70132, Florida Statutes (2017), provides in relevant part:

A claim, supplemental claim, or reopened claim under an insurance policy that provides property insurance, as defined in s. 624.604, for loss or damage caused by the peril of windstorm or hurricane is barred unless notice of the claim, supplemental claim, or reopened claim was given to the insurer in accordance with the terms of the policy within 3 years after the hurricane first made landfall or the windstorm caused the covered damage.

Not in dispute is the date Hurricane Irma made landfall, which was September 10, 2017, and, also not in dispute is that the only paper timely submitted by the Grays to the Insurer relative to the present claim for roof damage was the first page (unsigned) of a letter of representation between the Grays and their public adjuster. The document was submitted on September 10, 2020. The letter of representation made no reference to a claim for roof damage in any way. Although the parties go to significant lengths to discuss what documents or information must be included to constitute a “notice of claim” under the statute, there is no feasible construction of the statute or policy language that could include what the Grays provided to their insurer.

The Grays raise another argument, asserting that the policy itself requires the insurer to prove their late notice somehow prejudiced the insurer. The second argument was raised for the first time on appeal, and, therefore, will not be considered by this Court. NCI, LLC v. Progressive Select Ins. Co., 350 So. 3d 801, 806 & n.1 (Fla. 5th DCA 2022). For these reasons, the trial court's final judgment in favor of Florida Peninsula Insurance Company is affirmed.

AFFIRMED.

FOOTNOTES

1.   This case was transferred from the Second District Court of Appeal to this Court on January 1, 2023.

SMITH, J.

COHEN and TRAVER, JJ., concur.