Please be advised the Fourth District Court of Appeal has issued an important decision regarding EUO’s and material misrepresentation in the October 24, 2018, opinion entitled Barthelemy v. Safeco, 43 Fla. L. Weekly D2379 (Fla. 4th DCA 2018). The insured in the instant case, failed to show up for an EUO on three separate occasions and the insurer raised the “failure to cooperate” coverage defense. The trial court allowed the defense but instructed the jury incorrectly. The appellate court determined as a matter of law that a jury must find that the insured “materially failed to cooperate which substantially prejudiced the insurer.”
This opinion is helpful and eases the burden on insurers on proving actual prejudice. Should you have any questions on this opinion, please do not hesitate to contact our office.