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.
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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