Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The Third District Court of Appeal has affirmed an earlier decision that granted an insurer a new trial in a case involving a first-party breach of a homeowner’s insurance contract claim alleging water losses at the plaintiff’s home that occurred only days apart. The case is Nunez v. Universal Prop. & Cas. Ins. Co., 2021 Fla. App. LEXIS 3487 (Fla. Dist. Ct. App. 2021).

In 2015 the insured, Celerina Nunez filed two insurance claims with her insurer, Universal Property & Casualty Insurance Company. The two claims were associated with two water losses occurring days apart: one was caused by a leak in the kitchen and the other caused by a leak in the bathroom. On the day these claims were reported, Universal asked Nunez to provide a sworn proof of loss. 75 days later, Nunez provided the sworn proof of loss, claiming $30,000 of damage to the kitchen and $20,000 to the bathroom. In the interim, the property was inspected and Nunez provided an unsworn statement by phone to Universal.

This premium content is locked for
Insurance Coverage Law Center subscribers only.

Start a free trial to enjoy unlimited access to the single source of objective legal analysis, practical insights, and news for the insurance industry.

  • Access the most current expert analysis and daily developments across jurisdictions
  • Solve complex research issues with expert tools and intelligence
  • Tap into insurance coverage expert guidance

Already have an account?
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected].

Hannah Smith


Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.