Arlene Donovan v. Florida Peninsula Insurance Company

Arlene Donovan appeals the order dismissing with prejudice her cause of action for breach of a property insurance contract. The trial court dismissed the suit based on two grounds: the statute of limitations and a finding that Donovan failed to comply with the insurance contract’s notice of loss provision. We agree with Donovan that the judicial act of dismissal was not warranted on either ground, and we reverse and remand for further proceedings.

Donovan brought a complaint against the appellee, Florida Peninsula Insurance Company (Florida Peninsula), for breach of property insurance…