KINGS BAY CONDO. v. CITIZENS PROPERTY INS.

No. 4D11-4819.

102 So.3d 732 (2012)

KINGS BAY CONDOMINIUM ASSOCIATION, INC., Appellant, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee.

District Court of Appeal of Florida, Fourth District.

December 12, 2012.


Attorney(s) appearing for the Case

Christopher N. Mammel of Childress Duffy, Ltd., Miami, for appellant.

Maureen G. Pearcy and Paul R. Wallace of Hinshaw & Culbertson LLP, Coral Gables, for appellee.


GERBER, J.

The insured appeals the circuit court's final summary judgment in the insurer's favor. The insured argues the court erred in finding that the insured's untimely notice of claim, served twenty-nine months after the alleged loss, barred its claim as a matter of law. We agree with the insured and reverse.

The circuit court based its judgment on the following language from this court's opinion in Kroener v. Florida Insurance Guaranty Ass'n, ...

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