In last month's Seminar at the Orange County Bar Association in Orlando, Florida, "Survey of Insurance Issues EVERYONE Should Know," one of my topics was an Overview including Recent Cases. Two cases in particular decided in the past year re-emphasize a couple of lessons regarding proof in a Florida Court of compliance with conditions in an insurance policy:
COOPERATION: Under Florida law, the liability insurance company has a duty to take reasonable steps to attempt to obtain the insured's cooperation. See Continental Cas. Co. v. City of Jacksonville, 2006 WL 2048249 *5 (M.D. Fla. July 20, 2006)(Richardson, Magistrate Judge).
NOTICE: Florida law generally raises a presumption of prejudice if there is late notice of a claim against the insured-policyholder, but as a practical matter the parties benefit by introducing evidence on the issue of prejudice, one way or the other, where there is likely to be a holding or finding of late notice. See, e.g., Donovan Constr., Inc. v. Vacker, 938 So. 2d 597, 598-99 (Fla. 4th DCA 2006)(Late Notice issue under a CGL or Commercial General Liability insurance policy, and underlying liability claim was based on the presence of mold; summary judgment for insurance company was reversed).
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