Starling v. Allstate Floridian Ins. Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[wjhere the insured has failed to provide sworn proof-of-loss in accordance with the policy contract, the insured is barred from filing suit against the insurer for the policy proceeds”
• stating that “[i]t is not necessary for the insurance company to prove prejudice where the insured fails to comply with a policy condition precedent to suit.”
• finding that the insured was informed on August 31, 2001 that she had sixty days to provide a proof of loss but did not do so until June 2002, three months after filing suit
• finding failure to provide sufficient documentation of the loss as required by the policy sufficiently supported summary judgment for the insurer
• barring recovery under a property insurance policy because the insured failed to submit a proof-of-loss form, which was a “condition precedent to maintaining suit”
• affirming a final summary judgment for the insurer where the insured did not complete a sworn proof-of-loss form before suing the insurer

Source: CourtListener parenthetical corpus (CC0).