FOR IMMEDIATE RELEASE
May 13, 2022
Contact: Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB JACKSONVILLE PARTNER GRANTED FINAL SUMMARY JUDGMENT IN
BREACH OF CONTRACT CASE
JACKSONVILLE, Fla. ― Jonathan M. Diocares, a partner in the Jacksonville office of Quintairos, Prieto, Wood & Boyer, P.A., was granted a summary judgment in a breach of contract matter on behalf of his client, one of the largest homeowners insurance companies in Florida. The Plaintiffs claimed they sustained water damage to their property from an alleged plumbing leak originating in the kitchen. Plaintiff contends the Defendant breached the policy of insurance by failing to provide coverage for the loss purportedly caused by the kitchen plumbing leak.
The Defendant states that the plaintiff violated the policy requiring submission of a sworn proof of loss before filing a lawsuit to which the Plaintiff did not disagree but contended that Defendant failed to meet its burden and failed to establish how it was prejudiced by Plaintiff’s alleged failure to submit a sworn proof of loss.
Further, and as an alternative ground for summary judgment, the Court found the Plaintiff did not meet the burden of presenting sufficient counterevidence to rebut the presumption of prejudice to Defendant.
Summary judgment for Defendant is compelled on two grounds: Plaintiff failed to submit the required sworn proof of loss before filing suit; and when addressing non-compliance with a condition precedent, the Plaintiff has the burden of rebutting the presumption of prejudice. The summary judgment record is devoid of sufficient evidence to rebut the presumption of prejudice, thereby compelling summary judgment in favor of the Defendant.
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Jonathan M. Diocares is a partner in the Jacksonville and Orlando offices of Quintairos, Prieto, Wood & Boyer, P.A. He focuses on first-party property insurance defense and coverage actions in his representation of insurers and insureds in claims arising from windstorm, sinkhole, fire, mold, water losses, theft, vandalism, fraud, PIP/SIU, and automobile negligence. His practice also consists in performing examinations under oath, and fraud investigations. Mr. Diocares handles all aspects of representation in state and federal courts. He received his Juris Doctor in 2011 from Florida Coastal School of Law.
Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and woman owned law firm in the nation with approximately 400 lawyers serving clients from 31 offices in the U.S. and abroad. Our lawyers provide representation in litigation, business, real estate and governmental law.