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Failure to plead affirmative defense of non-compliance with a condition precedent does not warrant summary judgment.

January 19, 2018
Schoeck v. Allstate Ins. Co. 2017 Fla. App. Lexis 14447 (Fla. 2d DCA 2017)

The trial court ruled that the plaintiff failed to satisfy a condition precedent to her suit against her insurance company. The plaintiff sued her insurance company for uninsured motorist benefits, alleging that all conditions precedent to maintaining the suit against her insurance company had been met or waived. Her insurance company denied this allegation. The plaintiff had uninsured motorist coverage with another insurance company. The trial court granted summary judgment in favor of the plaintiff’s insurance company, declaring the plaintiff’s claim for UIM benefits was barred for failing to meet a condition precedent since she had coverage available to her from other UIM carrier which had not been paid out. The appellate court held that the insurance company waived this defense by failing to plead it with specificity and particularity.

 

Case Law Alerts, 1st Quarter, January 2018

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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