Under Florida law, insurance coverage cannot be created by estoppel; however, enforcement of a forfeiture clause may be waived by an insurer’s conduct. Axis Surplus Ins. Co. v. Caribbean Beach Club Association, Inc., 164 So. 3d 684, (Fla. 2nd DCA 2014), 164 So. 3d 687. Generally, a forfeiture clause is one that requires an insured to take specific action (e.g., a notice provision or a cooperation clause) as a prerequisite to coverage under the policy. An insured’s failure to comply with the clause can result in the forfeiture of coverage for a claim that otherwise would have been covered under the policy. Lloyds Underwriters at London v. Keystone Equip. Fin. Corp., 25 So. 3d 89, 92-93 (Fla. 4th DCA 2009).
