The Third District Court of Appeal has affirmed an earlier decision that granted an insurer a new trial in a case involving a first-party breach of a homeowner's insurance contract claim alleging water losses at the plaintiff's home that occurred only days apart. The case is Nunez v. Universal Prop. & Cas. Ins. Co., 46 Fla. L. Weekly 528 (Dist. Ct. App. 2021).

In 2015 the insured, Celerina Nunez filed two insurance claims with her insurer, Universal Property & Casualty Insurance Company. The two claims were associated with two water losses occurring days apart: one was caused by a leak in the kitchen and the other caused by a leak in the bathroom. On the day these claims were reported, Universal asked Nunez to provide a sworn proof of loss. 75 days later, Nunez provided the sworn proof of loss, claiming $30,000 of damage to the kitchen and $20,000 to the bathroom. In the interim, the property was inspected and Nunez provided an unsworn statement by phone to Universal.

During the claims investigation, Universal asked Nunez to attend an Examination Under Oath (EUO), to which Nunez failed to appear. Universal also sent two letters to Nunez's attorney asking to set a date for the EUO. Counsel failed to respond, so Universal sent a third letter unilaterally scheduling the EUO for October 1. Nunez failed to appear for the EUO and Universal denied both insurance claims based upon the failure to appear, and the failure to provide some other documentation. Nunez sued Universal for breach of contract. Universal moved for summary judgment, arguing that the failure to attend the EUO was a material breach of the insurance contract which precluded recovery under the policy. The trial court denied this motion.