Insureds Failed To Rebut Insurer's Presumption Of Prejudice, Florida Panel Affirms

Insureds Failed To Rebut Insurer's Presumption Of Prejudice, Florida Panel Affirms

WEST PALM BEACH, Fla. - Insureds' untimely notice of their purported loss and their untimely submission of a sworn proof of loss created a presumption of prejudice to their insurer that they failed to rebut, a Florida appeals panel found July 18, affirming a lower court's ruling in favor of the insurer in a lawsuit seeking coverage for roof damage allegedly caused by hurricanes Frances and Jeanne (William Kramer, et al. v. State Farm Florida Insurance Company,  No. 4D10-3978, Fla. App., 4th Dist.; 2012 Fla. App. LEXIS 11678).

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