Universal Property & Casualty wins appeal over prompt notice, insurer’s coverage defense reinstated
On appeal, Universal also challenged the homeowners’ procedural handling of the waiver issue, arguing they failed to properly plead it. The Fourth District agreed, holding that waiver must be explicitly raised in response to an insurer’s affirmative defenses. The Yagers, it found, did not do so until five months after Universal’s answer, and even then, failed to specifically address the prompt notice defense.
