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The law of Late Notice in Florida was summarized by a United States District Judge in a recent ruling on a Motion for Summary Judgment:
In order to prevail on a late notice defense, "a party must therefore show that there are no genuine issues of material fact regarding 1) what the Policy required with respect to notice, 2) when notice was provided, within the meaning of the Policy and Florida law, 3) whether notice was timely, and 4) whether prejudice exists, either by operation of the unrebutted presumption or otherwise."
Download Vision I Homeowners Ass'n v. Aspen Specialty Ins. Co. (S.D. Fla. Case No. 08-81211, Opinion Filed December 22, 2009), attached Official Slipsheet Opinion at 8. On the record in that case at that time, the District Judge denied the Insurance Company's Motion for Summary Judgment with respect to its Defense of Late Notice.
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