Third DCA: Is Failure to Appear for EUO a Breach of Insurance Contract?

The Third District Court of Appeal has affirmed an earlier decision that granted an insurer a new trial in a case involving a first-party breach of a homeowner’s insurance contract claim alleging water losses at the plaintiff’s home that occurred only days apart. The case is Nunez v. Universal Prop. & Cas. Ins. Co., 46 Fla. L. Weekly 528 (Dist. Ct. App. 2021).

In 2015 the insured, Celerina Nunez filed two insurance claims with her insurer, Universal Property & Casualty Insurance Company. The two claims were associated with two water losses occurring days apart: one was caused by a leak in the kitchen and the other caused by a leak in the bathroom. On the day these claims were reported, Universal asked Nunez to provide a sworn proof of loss. 75 days later, Nunez provided the sworn proof of loss, claiming $30,000 of damage to the kitchen and $20,000 to the bathroom. In the interim, the property was inspected and Nunez provided an unsworn statement by phone to Universal.