HERRERA v. CITIZENS PROPERTY INSURANCE CORPORATION (2025)

District Court of Appeal of Florida, Third District.

Marlen HERRERA, et al., Appellants, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee.

No. 3D24-0594

Decided: May 21, 2025

Before EMAS, MILLER and BOKOR, JJ.

Shield Law Group of Florida, LLC, and Jamie Alvarez (Davie), for appellants. Roig Lawyers, and Abbi Freifeld Carr and Samantha Mizeras (Jacksonville), for appellee.

Affirmed. See 1500 Coral Towers Condo. Ass'n, Inc. v. Citizens Prop. Ins. Corp., 112 So. 3d 541, 544 (Fla. 3d DCA 2013) (“Failure to give timely notice [of a property insurance claim] creates a presumption that the insurer was prejudiced.”); Laquer v. Citizens Prop. Ins. Corp., 167 So. 3d 470, 474 (Fla. 3d DCA 2015) (“[C]ourts have upheld summary judgment on the insured's failure to provide ‘prompt’ notice where the insured was aware of damage to the residence shortly after the hurricane, but, for a variety of reasons, waited until several years passed before notifying the insurance company.”); Hope v. Citizens Prop. Ins. Corp., 114 So. 3d 457, 460 (Fla. 3d DCA 2013) (finding conclusory assertions by insured's expert insufficient to overcome presumption of prejudice to insurer).

PER CURIAM.

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