CARLOS ALVAREZ AND YAMILKA CABRERA v. PEOPLE'S TRUST INSURANCE COMPANY

• Court: District Court of Appeal of Florida
• Decided: April 13, 2022
• Docket: 21-1127
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 13, 2022. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-1127 Lower Tribunal No. 18-8898 ________________

Carlos Alvarez and Yamilka Cabrera, Appellants,

vs.

People's Trust Insurance Company, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge.

Your Insurance Attorney, PLLC, and Anthony M. Lopez, for appellants.

Cole, Scott & Kissane, P.A., and Mark D. Tinker and Mary Lou Cuellar- Stilo (Tampa); Brett Frankel and Jonathan Sabghir (Deerfield Beach), for appellee.

Before LOGUE, HENDON, and GORDO, JJ.

PER CURIAM. Affirmed. Arguello v. People's Tr. Ins. Co., 315 So. 3d 35, 40 (Fla. 4th

DCA 2021) (“To adopt the insureds’ construction of the policy would require

us to add words to the policy language that ‘only’ CONDITIONS C.7 and 8

of the Duties after Loss apply when the insurer exercises its option to

repair.”); Hunt v. State Farm Fla. Ins. Co., 145 So. 3d 210, 211 (Fla. 4th DCA

2014) (“It is well settled in Florida that submission of a sworn proof of loss

when required by an insurance policy is a condition precedent to coverage.”

(internal citations omitted)); Am. Integrity Ins. Co. v. Estrada, 276 So. 3d 905,

915 (Fla. 3d DCA 2019) (“[W]hen an insured fails to comply with a condition

precedent before filing suit, the breach is deemed material and the insurer is

relieved from its policy duties irrespective of prejudice.”).