18 Fla. L. Weekly Supp. 459c
Online Reference: FLWSUPP 1805PAPP
Insurance — Coverage — Conditions precedent — Proof of loss — Failure to provide sworn proof of loss unambiguously required by policy bars recovery under policy
HARRY PAPPAS, Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, A FLORIDA GOVERNMENTAL ENTITY, Defendant. Circuit Court, 6th Judicial Circuit in and for Pasco County, Civil Division. Case No. 51-09-CA-10906-WS. Division H. February 7, 2011. Honorable W. Lowell Bray, Judge. John E. “Jed” Thomas, Marshall, Thomas, Burnett, P.L., Tampa, for Plaintiff. Benjamin D. Keener, Groelle & Salmon, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT
THIS CAUSE having come on to be heard before this Court on January 24, 2011, on Defendant’s Motion for Final Summary Judgment, this Court being fully advised in the premises thereon, and after hearing arguments from counsel of record and considering all applicable motion and facts material to this determination, it is hereby:
ORDERED AND ADJUDGED that:
Defendant’s Motion is GRANTED. There exist no genuine issues of material fact, and Citizens is entitled to Final Summary Judgment. The Plaintiff’s failure to provide a sworn proof of loss in accordance with the unambiguous terms of the subject insurance policy constitutes a material breach of a condition precedent, barring suit and recovery under the policy.
