In short: In New World Condominium IV v. Citizens (2015), a condo reported Hurricane Wilma damage about 21 months after the storm, after repairs were done. Citizens’ adjuster estimated the damage below the deductible. The trial court granted Citizens summary judgment on late notice, and the Third District affirmed without opinion, so Citizens won.
The Facts
The Third District affirmed without an opinion, so the facts below come from the record and arguments as described in the oral argument, not from findings by the appellate court.
New World Condominium Apartments IV, a Miami-Dade condominium insured by Citizens Property Insurance Corporation, reported roof and interior damage from Hurricane Wilma (October 2005) about one year and nine months after the storm. By then, according to the argument, the board had already made repairs. Citizens sent an adjuster, who inspected and wrote an estimate labeled as Wilma damage that came in below the deductible. Citizens kept the claim open while it took examinations under oath and requested documents.
The trial court granted summary judgment for Citizens on late notice. The association argued that Citizens’ own Wilma estimate turned the case into a dispute over the amount of loss, not coverage, and that any presumption of prejudice from late notice was rebutted by testimony from tenants and a roofer about the damage.
The Decision
On January 28, 2015, the Third District affirmed per curiam without opinion. A per curiam affirmance without opinion (a PCA) is a one-word decision: the appellate court found no reversible error but gave no reasons, so it does not adopt any party’s argument and cannot be cited as precedent.
What the affirmance left standing: the summary judgment for Citizens on late notice, which ended the association’s claim. The panel did not say whether it found the association’s rebuttal evidence insufficient, rejected the amount-of-loss theory, or relied on the repairs having been made before Citizens could inspect.
The Law
Under long-standing Florida case law, prompt notice is a condition of coverage. When notice is late, prejudice to the insurer is presumed, and the insured can recover only by proving the insurer was not prejudiced. Bankers Insurance Co. v. Macias, 475 So. 2d 1216 (Fla. 1985). Repairs made before the insurer can inspect make that proof harder, because the insurer has lost the chance to see the damage and its cause.
The Legislature has since added firm deadlines. Under section 627.70132, a new or reopened claim under a residential or commercial property insurance policy is barred unless notice is given within 1 year after the date of loss, and a supplemental claim must be noticed within 18 months. Those deadlines did not apply to Wilma claims, but they would bar a 21-month delay today regardless of prejudice.
Current law (2026): Section 627.70132 (2026): notice of initial or reopened property insurance claim within 1 year after date of loss; supplemental claims within 18 months (amended by chs. 2021-77, 2022-271, 2023-172, 2024-139). Did not exist in 2005 for Wilma claims.
Lessons
- Report storm damage to your insurer right away, before repairs; under current law the deadline is 1 year from the date of loss.
- Photograph and document damage, and keep removed materials if possible, before repairing; repairs before inspection make prejudice hard to rebut.
- An insurer that inspects and estimates the loss does not necessarily give up a late-notice defense.
- Condo boards should have a written claims procedure so damage is reported even when the board decides to repair first.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Wilma Claim Reported 21 Months Late — Prejudice? | New World Condo v. Citizens, 3D14-0043
Go Deeper
- Florida Property Insurance Appraisal: How It Works After the 2022 Reforms
- Florida Condo Owners' Rights: Special Assessments, Records, and Disputes With the Association
- How Appeals Work in Florida: The 30-Day Deadline, Costs, and What a PCA Means
Frequently Asked Questions
How long do I have to report a hurricane claim in Florida?
Under section 627.70132, notice of a new or reopened property insurance claim must be given within 1 year after the date of loss, and a supplemental claim within 18 months. Your policy may require even quicker notice. These deadlines apply on top of the policy’s prompt-notice clause.
Can an insurer deny a claim for late notice if it inspected the property?
It can still raise late notice. In New World Condo v. Citizens, the adjuster inspected and wrote an estimate below the deductible, yet the trial court granted Citizens summary judgment on late notice, and the Third District affirmed without opinion. An inspection does not automatically waive the defense.
What is presumed prejudice in a Florida insurance claim?
When an insured gives late notice, Florida courts presume the insurer was harmed because it lost the chance to investigate promptly. The insured can overcome that presumption only with evidence that the insurer was not prejudiced, such as proof the damage and its cause can still be reliably determined.
Should I repair storm damage before the insurance adjuster comes?
Make temporary repairs needed to prevent further damage, which most policies require, but document everything with photos and video and notify the insurer first. Permanent repairs before notice and inspection can support a late-notice or prejudice defense, as the insurer argued here.
Talk to a Florida condominium and real estate lawyer
Weidner Law, P.A. handles Florida condominium and real estate disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
