Siguenza v. Citizens Property Insurance Corp.

As the majority points out, the policy requires the insured to give “prompt notice to Citizens or your producer.” Despite Mrs. Siguenza’s repetitive, unqualified deposition testimony that she called Citizens,3 the majority concludes that a material question of fact exists as to whether she actually notified the agent instead. It relies on the following dialogue during Mrs. Siguenza’s deposition:

Q. Do you recall if you called the actual insurance company or your insurance agent, the person that you obtained insurance from?

A. That’s the insurance company.

Q. Pardon?

A. The insurance company.

Q.…