Kelley Kronenberg Partner Candice Magee secured complete dismissal of a breach of contract action for First Protective Insurance Company d/b/a Frontline Insurance in Volusia County, eliminating nearly $50,000.00 in exposure by enforcing the insured’s post-loss duty to provide a sworn proof of loss. 

The case arose when the insured filed a claim for alleged wind damage to his property. After investigating the claim, the insurer denied coverage. The insured, represented by counsel, filed a breach of contract lawsuit. 

Candice recognized that the insured had failed to comply with a fundamental policy requirement. Under Florida property insurance policies, submission of a sworn proof of loss is a condition precedent to filing suit. This requirement serves important purposes: it provides the insurer with detailed information about the claimed loss, allows proper investigation, facilitates evaluation of coverage, and creates a sworn statement that can be used to prevent fraudulent or exaggerated claims. 

Rather than proceeding through costly and time-consuming discovery and trial preparation, Candice filed a motion for summary judgment based on the insured’s failure to submit the required sworn proof of loss. She argued that compliance with policy conditions precedent is mandatory, and an insured’s failure to fulfill these duties bars any claim for benefits under the policy. 

Florida courts have consistently held that an insured must strictly comply with post-loss obligations, including the submission of a sworn proof of loss when required by the policy. The purpose of this rule is to give meaning to the contractual terms the parties agreed to when the policy was issued. Without such enforcement, policy conditions would become meaningless. 

The insured, represented by counsel from a plaintiff’s firm, failed to demonstrate compliance with the sworn proof of loss requirement or establish any valid excuse for non-compliance. Under Florida law, an insured cannot pursue a breach of contract claim when they have failed to satisfy conditions precedent to coverage. 

The Court agreed with Candice’s position and granted summary judgment, dismissing the case in its entirety. By ruling that the insured failed to fulfill a condition precedent to filing suit, the Court eliminated all exposure without the need for expensive expert evaluations, depositions, or trial preparation on the merits of the coverage dispute. 

This victory demonstrates the importance of carefully reviewing insureds’ compliance with all policy conditions precedent before engaging in extensive litigation. For property insurance carriers, this case reinforces that sworn proof of loss requirements remain enforceable conditions precedent in Florida, and summary judgment is appropriate when insureds file suit without satisfying these fundamental policy obligations. 

The decision also highlights the value of early motion practice to resolve cases efficiently when insureds fail to comply with basic policy requirements, allowing carriers to avoid unnecessary litigation costs while enforcing the contractual terms to which the parties agreed. 

Learn more about the firm’s First-Party Property and Coverage Division; click here: https://kelleykronenberg.com/our-practices/first-party-insurance-defense-coverage-bad-faith/  

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