The Court reversed the trial court’s partial summary judgment in favor of the insureds, ruling that Universal Property & Casualty Insurance Company did not waive its “prompt notice” defense by issuing partial payment (Rodrigo v. State Farm Fla. Ins. Co., 144 So. 3d 690, 692). The Court found that the insureds’ failure to timely reply to Universal’s affirmative defense precluded them from asserting waiver (Gamero v. Foremost Ins. Co., 208 So. 3d 1195, 1196-97).
https://supremecourt.flcourts.gov/content/download/2450570/opinion/Opinion_2023-2310.pdf