Florida Appellate Court on Rodrigo v. State Farm and Insurance Policy Conditions Precedent After Curran

Florida Homeowners Insurance Claims and Litigation Handbook

A Florida appellate court recently made some important decisions for anyone interested in Florida homeowners insurance.  Do you need to know about the legal impact of issues with Examinations Under Oath, Proofs of Loss, and the Other Policy Conditions.  Then you must read this article.


The Fourth District Court Appeals recently issued the first decision on conditions precedent in insurance policies since the Curran case.

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Things are too busy at Todd Legal, P.A. to do the usual “deep dive” into the ruling and the impact, but I wanted to make sure everyone was aware of the decision.  As you know, we at Todd Legal provide software and other innovative services to Florida’s property insurers and their attorneys to deliver legal services that are smarter, cheaper, and quicker than what insurers have come to expect.  We are nearing the delivery stage, so I am not going to be able to timely analyze this Rodrigo decision in enough detail to assess its overall impact.

In summary, the Fourth DCA held that the proof of loss provision is still a condition precedent after Curran.  I encourage you to read the full opinion and focus on how the requirement was laid out in this policy, including the loss settlement provision.  Once again, we will await the next decision to see how courts may eventually interpret the EUO provision after Curran, but this decision certainly helps insurers and their attorneys when they try to explain to the judges that Curran may only apply to auto accident/UM cases.  I apologize for the brief analysis and will try to supplement this article in the near future.

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