Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Luis Castellanos, et al., Appellants, v. Citizens Property Insurance Corporation, Appellee.
Affirmed. See Perez v. Citizens Prop. Ins. Corp., 343 So. 3d 140, 142-44 (Fla. 3d DCA 2022) (“This Court reviews a trial court's ruling on a motion for summary judgment de novo. Where an insured provides late notice of their loss to the insurer, prejudice to the insurer will be presumed, and the insured must rebut said prejudice. The purpose of a provision for notice and proofs of loss is to enable the insurer to evaluate its rights and liabilities, to afford it an opportunity to make a timely investigation, and to prevent fraud and imposition upon it. If the insured breaches the notice provision, prejudice to the insurer will be presumed, but may be rebutted by a showing that the insurer has not been prejudiced by the lack of notice․ It is well established that affidavits, such as those presented by plaintiff, which are based entirely upon speculation, surmise and conjecture, are inadmissible at trial and legally insufficient to create a disputed issue of fact in opposition to a motion for summary judgment. We agree with the trial court that Mr. Renne's affidavit was wholly conclusory and not adequately supported․ Mr. Renne's affidavit was insufficient to rebut the presumption of prejudice to Citizens resulting from Ms. Perez's delay in reporting the claim. The trial court was therefore eminently correct in its decision to grant summary judgment in favor of Citizens.”) (internal quotation marks and citations omitted); Navarro v. Citizens Prop. Ins. Corp., 353 So. 3d 1276, 1279-81 (Fla. 3d DCA 2023) (same); Bouchard v. Citizens Prop. Ins. Corp., 406 So. 3d 311, 313-15 (Fla. 3d DCA 2025) (same).
PER CURIAM.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: No. 3D24-2064
Decided: March 31, 2026
Court: District Court of Appeal of Florida, Third District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)