RABER v. STATE FARM FLORIDA INSURANCE COMPANY (2021)

District Court of Appeal of Florida, Fifth District.

Linda RABER and Cecil Raber, Appellants, v. STATE FARM FLORIDA INSURANCE COMPANY, Appellee.

Case No. 5D19-2228

Decided: January 26, 2021

Matthew G. Struble and Christine Skubala Cohen, of Struble, P.A., Fort Lauderdale, for Appellants. C. Ryan Jones and Scot E. Samis, of Traub Lieberman Straus & Shrewsberry, LLP, St. Petersburg, for Appellee.

AFFIRMED. See De La Rosa v. Fla. Peninsula Ins. Co., 246 So 3d 438, 442 (Fla. 4th DCA 2018) (affirming summary judgment entered in favor of insurer where insured untimely notified insurer of loss prejudicing the insurer in its ability to evaluate claim); Keel v. Indep. Life & Accident Ins. Co., 99 So. 2d 225, 227 (Fla. 1957) (“[W]hen an insurer denies liability during the period prescribed for the presentation of proof of loss on grounds not relating to the proof of loss, such denial will ordinarily be considered as a waiver of the provisions of the policy requiring the filing of a proof of loss.”) (emphasis added).

PER CURIAM.

EVANDER, C.J., WALLIS and SASSO, JJ., concur.

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