Insurance — Homeowners — Post-loss obligations — Error to enter summary judgment in favor of insurer due to insured’s alleged failure to satisfy the post-loss contractual obligations of submitting to examination under oath (EUO), submitting a sworn proof of loss, and providing “prompt notice” of the loss — Evidence reflecting that insured’s counsel repeatedly requested to reschedule the EUO to a mutually convenient date and time due to unavailability showed that the insured had cooperated to some degree and/or provided an explanation for insured’s noncompliance which in turn created a question of fact as to whether there was a willful and material breach of EUO provision of policy — Whether the insured’s notice of the claim provided two days after discovering the cause of loss and one day after discovering the actual loss was untimely in view of all facts and circumstances surrounding the loss was an issue of fact for a jury to determine — Insured’s submission of a sworn proof of loss on a different form than that provided by the insurer which contained substantially the same information as the insurer’s form except for claimed personal property loss created a question of fact for the jury as to whether such action constituted a material breach of the policy
43 Fla. L. Weekly D2351b
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