Marbella Condominium Ass'n v. Citizens Property Insurance Corp.

District Court of Appeal of Florida

Marbella Condominium Ass'n v. Citizens Property Insurance Corp.

158 So. 3d 706, 2015 Fla. App. LEXIS 1789, 2015 WL 557202

CourtDistrict Court of Appeal of Florida

DecidedFebruary 11, 2015

DocketNo. 3D14-1336

StatusPublished

This text of 158 So. 3d 706 (Marbella Condominium Ass'n v. Citizens Property Insurance Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marbella Condominium Ass'n v. Citizens Property Insurance Corp., 158 So. 3d 706, 2015 Fla. App. LEXIS 1789, 2015 WL 557202 (Fla. Ct. App. 2015).

Pincite

Opinion

PER CURIAM.

Affirmed. See 1500 Coral Towers Condo. Ass’n, Inc. v. Citizens Prop. Ins. Corp., 112 So.3d 541, 544-45 (Fla. 3d DCA 2013) (“Although the issue of whether an insured has overcome the presumption of prejudice caused by late notice is generally reserved for the trier of fact, it is appropriately raised on summary judgment where, as in this case, the insured fails to present evidence sufficient to rebut the presumption.”); Hope v. Citizens Prop. Ins. Corp., 114 So.3d 457, 460 (Fla. 3d DCA 2013) (holding conclusory affidavits filed in response to summary judgment motion failed “to rebut the presumption of prejudice to Citizens where the passage of time has rendered Citizens unable to determine exactly what current damage is directly attributable to Hurricane Wilma, and thus a covered loss”).

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Affirmed. See 1500 Coral Towers Condo. Ass’n, Inc. v. Citizens Prop. Ins. Corp., 112 So.3d 541, 544-45 (Fla. 3d DCA 2013) (“Although the issue of whether an insured has overcome the presumption of prejudice caused by late notice is generally reserved for the trier of fact, it is appropriately raised on summary judgment where, as in this case, the insured fails to present evidence sufficient to rebut the presumption.”); Hope v. Citizens Prop. Ins. Corp., 114 So.3d 457, 460 (Fla. 3d DCA 2013) (holding conclusory affidavits filed in response to summary judgment motion failed “to rebut the presumption of prejudice to Citizens where the passage of time has rendered Citizens unable to determine exactly what current damage is directly attributable to Hurricane Wilma, and thus a covered loss”).

Cite This Page — Counsel Stack

Bluebook (online)

158 So. 3d 706, 2015 Fla. App. LEXIS 1789, 2015 WL 557202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marbella-condominium-assn-v-citizens-property-insurance-corp-fladistctapp-2015.

Opinion

Related

Cite This Page — Counsel Stack