SOTOLONGO v. SAFEPOINT INSURANCE COMPANY (2024)

District Court of Appeal of Florida, Third District.

Roberto J. SOTOLONGO, et al., Appellants, v. SAFEPOINT INSURANCE COMPANY, Appellee.

No. 3D23-1373

Decided: October 30, 2024

Before SCALES, LOBREE, and BOKOR, JJ.

Shield Law Group of Florida, LLC, and Jamie Alvarez (Davie), for appellants. Bickford & Chidnese, LLP, and Patrick M. Chidnese and Frieda C. Lindroth (Tampa), for appellee.

Affirmed. See Perez v. Citizens Prop. Ins. Corp., 343 So. 3d 140, 143 (Fla. 3d DCA 2022) (“Ms. Perez's expert did not have access to any information as to the state of the roof immediately following the Hurricane. There was no investigation following the initial loss because Ms. Perez waited over two years to report her claim to Citizens. Instead, Mr. Renne formed his opinion based solely on his investigation conducted nearly three years after the incident, after repairs had already been conducted on the roof. This lapse in time, as well as the intervening repairs, rendered Mr. Renne's opinion wholly conclusory as to whether the current damage was caused by the Hurricane or some other event from the intervening three years. Mr. Renne's affidavit was insufficient to rebut the presumption of prejudice to Citizens resulting from Ms. Perez's delay in reporting the claim.”).

PER CURIAM.

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