Legal Opinion

Depositors Insurance Co. v. CC & C of Lake Mary, LLC

District Court of Appeal of Florida

Decided July 24, 2015No. 5D14-2206Published

1Opinion of the CourtEvander, J.

Depositors Insurance Company (“Depositors”) appeals a final summary judgment entered in favor of its insured, CC & C of Lake Mary, LLC, d/b/a The Beach Scene (“CC & C”). Depositors argues that CC & C was not entitled to recover for its losses resulting from a burglary because of its failure to comply with relevant insurance policy conditions. CC & C responds that its breach did not prejudice Depositors and, therefore, summary'judgment was properly entered. Because a factual issue remains as to whether Depositors was prejudiced by CC & C’s breach, we reverse.

CC & C owns a surf shop that was…

2Cases cited4 opinions

  1. Bankers Ins. Co. v. MacIasSupreme Court of Florida · 1985
  2. State Farm Mutual Automobile Insurance Company v. Robin CurranSupreme Court of Florida · 2014
  3. Independent Fire Ins. v. NCNB Nat. BankDistrict Court of Appeal of Florida · 1987
  4. Clifford B. Oretsky v. Infinity Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2013

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