Miami Senior Partner Anthony Perez and Junior Partner Cristina Sevilla secured final summary judgment in the matter styled Mercedes Mejia et al v. Defendant Insurance Company. Plaintiffs filed suit alleging that Defendant breached the insurance contract by denying coverage for their claim for damage to their property resulting from Tropical Storm Eta.  As Plaintiffs reported their claim 1 ½ years after Tropical Storm Eta, and made repairs to the roof and interior of their property prior to reporting the claim, Defendant filed its Motion for Final Summary Judgment, arguing that Plaintiffs had failed to comply with the policy’s duties after loss, failed to provide prompt notice of the loss, and prejudiced Defendant’s investigation of the loss. Defendant’s Motion was granted, as the Court found that Defendant was entitled to a presumption of prejudice, and that Plaintiffs failed to rebut that prejudice, as the Affidavit of Guillermo Salinas on which Plaintiffs relied was conclusory, unsupported, and insufficient. Final Summary Judgment was entered in favor of Defendant. Read More.