Summary Judgment Win — Windshield Case in Hillsborough County

February 2025

ABD Partner, Henry Ramos, obtained a summary judgment win in Hillsborough County in February 2025.

The case involved a windshield replacement claim that was denied due to the insured's failure to comply with a condition precedent – notice from the insured about the claim or loss PRIOR to any work being done. The undisputed facts showed there was no contact by the insured to the carrier prior to the repair work being completed, nor had Plaintiff provided record evidence of any contact from the insured to Defendant at all since the loss. Plaintiff argued that submission of the invoice was sufficient notice of the claim, and that by keeping the damaged windshield available for inspection and taking photos that Plaintiff had substantially complied with the policy. The Court concluded that there was indeed a breach of the condition precedent for timely notice by the insured, prejudice was presumed under the applicable two-step analysis, and that Plaintiff failed to rebut the presumption of prejudice. Therefore, Defendant was within its rights to deny coverage.

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