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

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 13, 2022.

Not final until disposition of timely filed motion for rehearing.

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No. 3D21-1127

Lower Tribunal No. 18-8898

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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.”).