ROBERTO J. SOTOLONGO
v.
SAFEPOINT INSURANCE COMPANY
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Roberto Sotolongo appealed a circuit court decision in an insurance dispute against SafePoint Insurance Company. The Third District Court of Appeal affirmed the lower court's ruling, citing the principle that an insured's unreasonable delay in reporting a claim, combined with lack of timely expert investigation, renders expert opinions insufficient to rebut the insurer's presumption of prejudice.
An expert's affidavit is insufficient to rebut the presumption of prejudice to an insurer when the insured unreasonably delayed reporting the claim and the expert's opinion is based solely on an investigation conducted years after the loss, after intervening repairs have been made.
[1] When an insured delays reporting a property damage claim to an insurer, an expert opinion based on investigation conducted years after the loss and after intervening repa…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Ms. Perez's expert did not have access to any information as to the state of the roof immediately following the Hurricane. There was no investigation following the initial loss because Ms. Perez waited over two years to report her claim to Citizens.”
Establishes that delayed reporting prevented timely expert investigation and deprived the expert of baseline information about the property's condition at the time of loss.
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Join FLexlaw to unlock all legal intelligenceThe case involves an insurance claim where the insured delayed in reporting the loss to the insurer. An expert formed opinions based on an investigati…
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Opinion filed October 30, 2024. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D23-1373 Lower Tribunal No. 21-25185 ________________ Roberto J. Sotolongo, et al.,
Appellants,
vs.
SafePoint Insurance Company,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Vivianne Del Rio, Judge. Shield Law Group of Florida, LLC, and Jamie Alvarez (Davie), for appellants. Bickford & Chidnese, LLP, and Patrick M. Chidnese and Frieda C. Lindroth (Tampa), for appellee. Before SCALES, LOBREE, and BOKOR, JJ. PER CURIAM.
Affirmed. See Perez v. Citizens Prop. Ins. Corp., 343 So. 3d 140, 143 (Fla. 3d DCA 2022) (“Ms. Perez’s expert did not have access to any information as to the state of the roof immediately following the Hurricane.
There was no investigation following the initial loss because Ms. Perez waited over two years to report her claim to Citizens. Instead, Mr. Renne formed his opinion based solely on his investigation conducted nearly three years after the incident, after repairs had already been conducted on the roof. This lapse in time, as well as the intervening repairs, rendered Mr. Renne’s opinion wholly conclusory as to whether the current damage was caused by the Hurricane or some other event from the intervening three years. Mr. Renne’s affidavit was insufficient to rebut the presumption of prejudice to Citizens resulting from Ms. Perez’s delay in reporting the claim.”).