Court Reverses Summary Judgment in Favor of the Insurer

FLORIDA CASE LAW UPDATES
SAAVEDRA V. UNIVERSAL PROP. & CAS. INS., 5D19-2176 (Fla. 5th DCA Feb. 21, 2021)
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The Court reversed summary judgment in favor of the insurer that had denied, in its responsive pleading, the insured had complied with conditions precedent. The Court held that pursuant to Fla. R. Civ. P. 1.120(c), in denying that conditions precedent were met, a defendant is required to identify both the nature of the condition precedent and the nature of the alleged noncompliance or nonoccurrence. The purpose of the rule is to put the burden on the defendant to identify the specific condition that the plaintiff failed to perform so that the plaintiff may cure the omission. If satisfaction of the condition precedent is not denied with specificity, it is waived, as it was by the insurer in this case.