Third District Court of Appeal
State of Florida
Opinion filed April 13, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-1127
Lower Tribunal No. 18-8898
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Carlos Alvarez and Yamilka Cabrera,
Appellants,
vs.
People's Trust Insurance Company,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Beatrice
Butchko, Judge.
Your Insurance Attorney, PLLC, and Anthony M. Lopez, for appellants.
Cole, Scott & Kissane, P.A., and Mark D. Tinker and Mary Lou Cuellar-
Stilo (Tampa); Brett Frankel and Jonathan Sabghir (Deerfield Beach), for
appellee.
Before LOGUE, HENDON, and GORDO, JJ.
PER CURIAM.
Affirmed. Arguello v. People's Tr. Ins. Co., 315 So. 3d 35, 40 (Fla. 4th
DCA 2021) (“To adopt the insureds’ construction of the policy would require
us to add words to the policy language that ‘only’ CONDITIONS C.7 and 8
of the Duties after Loss apply when the insurer exercises its option to
repair.”); Hunt v. State Farm Fla. Ins. Co., 145 So. 3d 210, 211 (Fla. 4th DCA
2014) (“It is well settled in Florida that submission of a sworn proof of loss
when required by an insurance policy is a condition precedent to coverage.”
(internal citations omitted)); Am. Integrity Ins. Co. v. Estrada, 276 So. 3d 905,
915 (Fla. 3d DCA 2019) (“[W]hen an insured fails to comply with a condition
precedent before filing suit, the breach is deemed material and the insurer is
relieved from its policy duties irrespective of prejudice.”).
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