As we approach the one-year anniversary of Category 5 Hurricane Ian’s devastating landfall on Florida’s southwest coast, many policyholders and consumers are just discovering that they suffered damages directly related to the storm. Unusually dry weather from September 2022 through May 2023 likely contributed to some home and business owners failing to appreciate that their roofs and other property had suffered wind damage from Ian enough to create openings allowing water intrusion into their buildings. Policyholders who thought they had escaped the wrath of Ian in its northeast trajectory from across Florida are now reporting the damages to their carriers, only to be denied out of hand due to the insidious “late reporting” defense that insurers love to use for any reports of damages made outside of a couple of days of a loss. Recent case law, however, instructs and reminds us that all is not lost!

Continue Reading Attacking the Untimely Notice Defense