36 Fla. L. Weekly D1555a
65 So. 3d 608
Insurance — Trial court did not err in entering summary judgment for insurer on ground that insured had failed to comply with pre-suit requirements that she provide a satisfactory proof of loss and submit to examination under oath — Court did not err or abuse discretion by denying insured’s request to abate action, which was first made almost five years after the loss and only in the face of an imminent ruling against her at hearing on motion for summary judgment
DIANA SIMON GONZALEZ, Appellant, vs. STATE FARM FLORIDA INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D10-2269. L.T. Case No. 10-12515. Opinion filed July 20, 2011. An Appeal from the Circuit Court for Miami-Dade County, Pedro Echarte, Jr., Judge. Counsel: Alvarez, Carbonell, Feltman, Jimenez, & Gomez, and Paul B. Feltman, for appellant. Ubaldo J. Perez, Jr., P.A. and Elizabeth K. Russo and Susan S. Lerner, for appellee.
(Before ROTHENBERG and LAGOA, JJ., and SCHWARTZ, Senior Judge.)
(SCHWARTZ, Senior Judge.) The summary judgment entered below for the insurer on the ground that the insured had failed to comply with the pre-suit requirements of the policy that, among other things, she provide a satisfactory proof of loss and submit to an examination under oath, is affirmed. See Edwards v. State Farm Florida Ins. Co., Case No. 3D10-2062 (Fla. 3d DCA June 15, 2011) [36 Fla. L. Weekly D1269a], and cases cited therein. In particular, we find no error or abuse of discretion in the trial court’s denial of insured’s request to “abate” the action, which was first made almost five years after the loss and only in the face of an imminent ruling against her at the hearing on the carrier’s motion for summary judgment. See Edwards, Case No. 3D10-2062 (Fla. 3d DCA June 15, 2011) [36 Fla. L. Weekly D1269a]; Amica Mut. Ins. Co. v. Drummond, 970 So. 2d 456, 459 (Fla. 2d DCA 2007); Starling v. Allstate Floridian Ins. Co., 956 So. 2d 511, 513 (Fla. 4th DCA 2007); Goldman v. State Farm Fire Gen. Ins. Co., 660 So. 2d 300, 301 (Fla. 4th DCA 1995); Stringer v. Fireman’s Fund Ins. Co., 622 So. 2d 145, 146 (Fla. 3d DCA 1993).
Affirmed.
