By Thomas A. Dye

In a first party property damage case, Edwards v. State Farm Fla. Ins. Co., No. 3D10-2062 (Fla. 3d DCA June 15, 2011), Florida’s Third District Court of Appeal held that summary judgment was properly granted in favor of the insurer, State Farm, based on the insured’s failure to comply with conditions precedent to payment of claims.

Years after the hurricane, the insured through a public adjuster filed a supplemental loss claim for damages purportedly sustained during Hurricane Frances. The insured claimed damages from the storm were $52,510,34.

The trial court granted summary judgment. The appellate court affirmed finding that the insured failed to comply with conditions precedent in the following ways: 1) the insurer made requests for specific basic documents relating to the loss which were never provided; 2) the plaintiff failed to submit to an examination under oath as requested by the insurer and; 3) plaintiff never submitted documents supporting costs allegedly expended to repair of the roof. The court held that the insured’s non-compliance with the conditions precedent to payment relieved the insurer of its duty to pay the claim.

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