Gonzalez v. United States Fidelity & Guaranty Co.

What constitutes a reasonable time within which to give notice of an accident under the terms of a policy of insurance is ordinarily an issue of fact. See Continental Casualty Co. v. Shoffstall, 198 So.2d 654 (Fla. 2d DCA), cert. denied, 204 So.2d 327 (Fla.1967). Here, the appellee/in-surer failed to demonstrate conclusively that notice was unreasonable as a matter of law and, even if unreasonable, that the insurer was substantially prejudiced thereby-

While a presumption of prejudice follows a finding of unreasonable notice, that presumption may be overcome by competent evidence, Tiedtke v.…