Florida Third District Court of Appeal Holds Presumed Prejudice Applies to All Violations of Post-Loss Obligations
By Kelly M. Vogt
In Universal Property & Casualty Insurance Company v. Yunia Alvarez, Case No. 3D24-1853 (Fla. 3d DCA May 13, 2026), a homeowner filed an insurance claim for roof damage allegedly caused by Hurricane Eta, leading to a dispute that proceeded to a jury trial. The insurer raised affirmative defenses based on the insured’s alleged violations of her post-loss obligations, including failure to provide prompt notice, a sworn proof of loss, requested repair documents, and records from a prior 2019 water damage claim.
At trial, the insured admitted she was aware of the insurer’s document requests and failed to provide them. She also acknowledged that her uncle completed roof repairs before the insurer had an opportunity to inspect the damage. The trial court ruled that the presumption of prejudice applied only to the prompt notice defense and not to any of the insurer’s remaining post-loss obligation defenses. The jury returned a verdict in favor of the insured, awarding $20,000.
On appeal, the Third DCA reversed, finding the trial court’s jury instruction was an inaccurate statement of the law. Relying on its prior holding in American Integrity Insurance Co. v. Estrada, the court reaffirmed that once an insurer establishes a material breach of any post-loss obligation, prejudice is presumed as to all such defenses, and the burden shifts to the insured to demonstrate that the breach caused no prejudice.
The case was reversed and remanded for a new trial.
Kelly M. Vogt