Marlen Herrera v. Citizens Property Insurance Corporation

• Court: District Court of Appeal of Florida
• Decided: May 21, 2025
• Docket: 3D2024-0594
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 21, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0594 Lower Tribunal No. 22-16266-CA-01 ________________

Marlen Herrera, et al., Appellants,

vs.

Citizens Property Insurance Corporation, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Robert T. Watson, Judge.

Shield Law Group of Florida, LLC, and Jamie Alvarez (Davie), for appellants.

Roig Lawyers, and Abbi Freifeld Carr and Samantha Mizeras (Jacksonville), for appellee.

Before EMAS, MILLER and BOKOR, JJ.

PER CURIAM. Affirmed. See 1500 Coral Towers Condo. Ass’n, Inc. v. Citizens Prop.

Ins. Corp., 112 So. 3d 541, 544 (Fla. 3d DCA 2013) (“Failure to give timely

notice [of a property insurance claim] creates a presumption that the insurer

was prejudiced.”); Laquer v. Citizens Prop. Ins. Corp., 167 So. 3d 470, 474

(Fla. 3d DCA 2015) (“[C]ourts have upheld summary judgment on the

insured’s failure to provide ‘prompt’ notice where the insured was aware of

damage to the residence shortly after the hurricane, but, for a variety of

reasons, waited until several years passed before notifying the insurance

company.”); Hope v. Citizens Prop. Ins. Corp., 114 So. 3d 457, 460 (Fla. 3d

DCA 2013) (finding conclusory assertions by insured’s expert insufficient to

overcome presumption of prejudice to insurer).