FIGUEROA v. U.S. SECURITY INSURANCE COMPANY

No. 95-1442.

664 So.2d 1130 (1995)

Ignacia FIGUEROA, Individually, and as Mother and Next Friend of Francisco Figueroa, a Minor and Francisco Figueroa, Individually and as Father and Next Friend of Francisco Figueroa, a Minor, and Francisco Figueroa, a Minor, Appellants, v. U.S. SECURITY INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 10, 1996.


Attorney(s) appearing for the Case

Douglas H. Stein, Miami, Hannon & Hannon and James A. Hannon, Miami, for appellants.

Kubicki Draper and David B. Pakula, Miami, for appellee.

Before HUBBART, BASKIN and JORGENSON, JJ.


PER CURIAM.

Insureds appeal a summary judgment in favor of the insurer. The trial court granted judgment based on insurer's defense that insureds failed to provide timely a sworn statement. Although the failure to submit a sworn statement constitutes a material breach of the policy, Stringer v. Fireman's Fund Ins. Co., 622 So.2d 145 (Fla. 3d DCA), review denied, 630 So.2d 1101 (Fla. 1993), under the facts and circumstances...

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