FLORIDA LAW DISFAVORS FORFEITING BENEFITS
Florida law disfavors forfeiture of insurance coverage "especially when the event that gives rise to the insurer's liability has occurred." Se Arguello v. People’s Trus Ins. Co., 315 So.3d 35 (Fla. 4th DCA 2021) (citing Boca Raton Cmty. Hosp., Inc. v. Brucker, 695 So. 2d 911, 912 (Fla. 4th DCA 1997)).
LACK OF PREJUDICE
Lack of prejudice can be demonstrated where the insurance company is able to investigate the claim. "Where lack of prejudice is demonstrated, mere speculation that prejudice may exist as a result of late notice will not suffice to relieve an insurer of its liability." Hartford Acc. and Indem. Co. v. Phelps, 294 So. 2d 362, 365 (Fla. 1st DCA 1974); accord, Tiedtke v. Fidelity & Cas. Co. of N.Y, 222 So.2d 206, 209 (Fla. 1969) ("Mere speculation that prejudice may exist will not suffice when lack of prejudice is clearly demonstrated.").
LACK OF PREJUDICE IS A QUESTION OF FACT
We have held that whether an insurer is prejudiced by an insured's untimely compliance is also a question of fact. See Arguello v. People’s Trust Ins. Co., 315 So.3d 35 (Fla. 4th DCA 2021)Citing Kramer v. State Farm Fla. Ins. Co., 95 So. 3d 303, 306 (Fla. 4th DCA 2012)).
