Legal Opinion
Stark v. State Farm Florida Insurance Co.
District Court of Appeal of Florida
Decided June 20, 2012No. 4D10-4945PublishedCited by 25 opinions
1Opinion of the CourtLevine, J.
The issue presented is whether the trial court erred in determining that there was no genuine issue of material fact as to whether the insurer was prejudiced by the notice given by the insureds to the insurer. We find that the trial court erred in determining that there was no issue of material fact as to whether the insurer was prejudiced by the timing of the notice given by the insureds.
The insureds had a homeowner’s insurance policy with the insurer when Hurricane Wilma caused significant damage to South Florida on October 24, 2005. The insureds’ policy had a deductible of $9,665 for…
2Cases cited8 opinions
- Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
- Bankers Ins. Co. v. MacIasSupreme Court of Florida · 1985
- Botte v. PomeroyDistrict Court of Appeal of Florida · 1986
- Nationwide Mut. Fire Ins. Co. v. BevilleDistrict Court of Appeal of Florida · 2002
- Akers v. City of Miami BeachDistrict Court of Appeal of Florida · 1999
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- LoBello v. State Farm Florida Insurance Co.District Court of Appeal of Florida · 2014
- One Call Property Services, Inc. a/a/o William Hughes v. Security First Insurance CompanyDistrict Court of Appeal of Florida · 2015
- Yacht Club on the Intracoastal Condominium Association, Inc. v. Lexington Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2015
- Kramer v. State Farm Florida Insurance Co.District Court of Appeal of Florida · 2012
- Soronson v. State Farm Florida Insurance Co.District Court of Appeal of Florida · 2012
20 more not listed; retrieve them via the Exa API.