Florida’s 4th DCA Court Upholds the Sworn Proof of Loss Requirement

Florida’s Fourth District Court of Appeals, Upholds Sworn Proof of Loss Requirement .

A sworn proof of loss is a condition precedent to filing suit against an insurer, and an insurer need not show prejudice when an insured breaches a condition precedent to suit. In the  Rodrigo v. State Farm Florida Ins. Co case, when the  the insured failed to submit a sworn proof of loss, she materially breached a condition precedent to filing suit and the insurer was not obligated to pay.

See the Case here

In Florida’s Fifth District Court of Appeals  if insured failed to submit a sworn proof of loss before filing suit,  it is permissible for the trial court to allow the insured to show the insurer was not prejudiced, which is different then the absolute rule as described above.

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