CORAL GABLES, Fla., Sept. 04, 2023 (GLOBE NEWSWIRE) -- The Property Advocates strives to settle controversial and complex property insurance claims for Florida residents across the state. When representing its client McCoy, The Property Advocates aided in McCoy’s appellate win against Homeowners Choice Property & Casualty Insurance Company. The firm states this case is one of many that is a revealing example of the lengths an insurer will go to maintain its right to utilize post-loss conditions in an insurance policy to forfeit the rights of an insured.
After carefully taking into consideration the case’s specific facts, the trial court stayed the case, temporarily preventing litigation from continuing for thirty days. The ruling of the court’s stay was for the purpose of the insured, McCoy, to sit for an examination under oath. In addition, McCoy needed to provide a sworn proof of loss form to the court.
To respond to the court’s stay, the Homeowners Choice Property & Casualty Insurance Company filed a Petition for Writ of Certiorari, otherwise known as an “extraordinary writ,” or a petition that asks the appellate court to grant a writ of certiorari. Homeowners Choice Property & Casualty Insurance Company also asked the Fourth District Court of Appeal to quash, or void, the order staying the case under its certiorari powers.
The insurance company requesting to quash the order claimed that the order quote “rewrites the insurance policy and eviscerates and disposes of [Insurance Company’s] affirmative defenses.”
The Property Advocates noted the improper nature of the insurer’s request and, in response to the insurance company’s ask, filed a response to the petition explaining its perspective on the matter. The response to the petition was filed after the appellate court ordered for the insureds to “show cause” why the relief should not be granted following Homeowners Choice Property & Casualty Insurance Company filing a Petition for Writ of Certiorari and asking to quash the order staying the case.
After The Property Advocates filed a response to the petition for McCoy, the appellate court denied the petition and cited Curran. The courts denial and citing demonstrated a shift in the Fourth District Court of Appeal towards instructing the insurer, Homeowners Choice Property & Casualty Insurance Company, to show beyond doubt it was prejudiced by the on-compliance of post-loss conditions before in order to have the ability to forfeit all rights of the insured, McCoy, to the insurance policy’s benefits.
Thus, the court’s next action was to uphold the trial court’s order that abated the case for the insured, McCoy, to sit for an examination under oath and supply a proof of loss. The result ended in an appellate win for McCoy and legal representative The Property Advocates due to Homeowners Choice Property & Casualty Insurance Company’s attempt to use such arguments to refrain from paying benefits being drastically weakened.
About The Property Advocates
The Property Advocates, P.A. is a full-service Florida insurance law firm specializing in property insurance claims. With offices in Miami and Tampa, The Property Advocates team consists of nearly 14 experienced attorneys with decades of combined experience who are compassionate, knowledgeable, and not afraid to go to trial for their clients. They have a successful track record of resolving complicated property insurance claims and getting their clients the fair compensation they deserve.
