Associate Attorney
In Camacho v. Citizens Property Insurance Corp., 51 Fla. L. Weekly D176a (Fla. 3d DCA Jan. 28, 2026), the Third District affirmed summary judgment for the insurer where the homeowner waited nearly three years to report alleged hurricane damage.
What happened:
The insured claimed Hurricane Irma caused damage to her home but did not report the loss to Citizens until almost three years after the storm. Citizens denied the claim, arguing the extreme delay prevented it from properly investigating, evaluating, and adjusting the loss.
The trial court agreed — and the Third District affirmed.
Why it matters (for policyholders and insurers):
Florida law treats prompt notice as a critical post-loss obligation. When a claim is reported years later, courts apply a presumption of prejudice to the insurer. If the insured cannot overcome that presumption, summary judgment is appropriate.
Here, the delay was so significant it “insurmountably stymied” Citizens’ ability to investigate the claim.
Takeaway:
- Report property damage immediately. Waiting months — let alone years — can result in losing coverage entirely, even if the damage was real.
Post-loss obligations are not technicalities — they are often case-dispositive. Timing can matter as much as coverage itself.
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