Common conditions
- Prompt notice of loss
- Protect property from further damage
- Cooperate with investigation
- Submit proof of loss
- Attend examination under oath
- Produce requested documents
The strict compliance vs. substantial compliance debate
Florida courts have varied:
- Some conditions require strict compliance
- Others require only substantial compliance
- Material breach required for denial
Common denial patterns
"You didn't provide proof of loss"
- Did carrier demand proof of loss?
- Was demand specific?
- Was time to comply reasonable?
- Did you respond?
"You didn't attend EUO"
- Was EUO properly noticed?
- Was time to prepare adequate?
- Did you attend or offer alternative?
"You didn't mitigate"
- Documented mitigation efforts
- Reasonable action under circumstances
- Carrier-caused delays in mitigation
Rebutting condition-based denial
- Document compliance attempts
- Challenge specificity of demand
- Raise carrier's own non-compliance (627.70131)
- Cite substantial compliance case law