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The Property Advocates Successfully Argue in Court of Appeals for Reversal of Summary Judgment

Coral Gables, FL – August 29, 2022 /MarketersMEDIA/

The Property Advocates successfully represented a Florida homeowner in a case against an insurance company that tried to deny his claim for coverage of damage sustained due to a water leak.

Florida’s Fifth District Court of Appeals ultimately ruled in favor of Mr. Saavedra, a homeowner who sued Universal Property & Casualty Insurance Company after the company failed to honor its contractual obligation to pay for damages to his home.

The case, Saavedra v. Universal Property & Insurance Company (Case Number 5D19-2176 in the Florida Fifth District Court of Appeals) was ruled on February 19, 2021.

Universal denied and requested summary judgment based on their claims that Mr. Saavedra didn’t comply with the conditions precedent to his lawsuit since he didn’t report the loss in a timely fashion, show the insurance company the damage to his property or provide records to the company.

The Property Advocates, representing Mr. Saavedra in the case, argued summary judgment couldn’t be based on the defenses Universal was putting forward because they hadn’t specifically included the issues in its Answer and Affirmative Defenses, which Florida civil code requires them to do.

The trial court, though, rejected the arguments The Property Advocates put forward, granting summary judgment to Universal as a result.

The Property Advocates appealed this decision to the Fifth District Court of Appeals. That court confirmed The Property Advocates were correct in their interpretation of Florida law when they said that Universal had waived its defense of compliance with conditions precedent.

This happened because Universal, in its Answer, in this case, didn’t “identify the nature of the conditions precedent or the nature of non-compliance, such as the specific post-loss duties with which Saavedra failed to comply, or where exactly in the policy such conditions could be found.”

In making its ruling, the Fifth District ruled that “Universal failed to comply with the requirements of rule 1.120(c), thereby waiving its defense that Saavedra failed to comply with condition precedent.”

Since the trial court’s ruling was based solely on the premise that Mr. Saavedra didn’t satisfy the conditions precedent, the Fifth District court reversed the summary judgment. As a result, the Fifth District then remanded the matter back to the lower court for further proceedings.

The Property Advocates correctly interpreted Florida law to ensure that their client in the case, Mr. Saavedra, was provided what he deserves in regard to his homeowner’s insurance coverage.

About The Property Advocates

The Property Advocates, P.A. is a full-service Florida insurance law firm specializing in property insurance claims. With offices in Miami, Orlando, and Tampa, The Property Advocates team consists of nearly 25 experienced attorneys with decades of combined experience who are compassionate, knowledgeable, and not afraid to go to trial for their clients. They have a successful track record of resolving complicated property insurance claims and getting their clients the fair compensation they deserve.

Contact Info:
Name: Michael Patrick
Email: Send Email
Organization: The Property Advocates
Website: https://www.thepropertyadvocates.com/

Release ID: 89080806

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