Some losses are not as readily apparent to policyholders as a fire or significant water loss. The policyholder may not discover the damage until days, weeks or months after the loss occurred. This can often be the case for hail losses to roofs. However, when the policyholder gives notice weeks or months after the loss, the insurance carrier will often claim late notice and rely on the notice condition in the insurance policy to deny coverage.

Continue Reading Is Your Claim Too Late in Georgia?

Immediate knowledge of a loss is never guaranteed. For example, many northeastern residents winter down south and they may go months without visiting one of their properties. What happens if during one of those periods their property is damaged and they don’t find out until months later?

Continue Reading Pennsylvania – Late Notice: Claims-Made Policies & Notice-Prejudice

In a recent blog I discussed how a Second Circuit Court of Appeals case, Fabrozzi v. Lexington Insurance Company,1 interpreted the law regarding “Late Notice” expansively in favor of policyholders. A recent New York State Court of Appeals ruling has failed to continue this expansion and has left the law as it was regarding a carrier’s duty to deny a claim based on late notice.

Continue Reading Late Notice in New York – Part II Recent Court of Appeals Ruling Rejects Expansion of Current Law

In practically every insurance policy, a policyholder is required to give prompt notice of the claim before the insurance company has any responsibility to act on the claim.

What happens if the policyholder substantially delays in giving notice of the claim, or in some circumstances, fails to give notice altogether? Is the policyholder’s claim automatically barred or forfeited?

Continue Reading In Arizona, Delayed Notice of a Claim Does Not Necessarily Nullify Coverage

The Fourth District Court of Appeals in Florida recently issued another opinion in a late notice Hurricane Wilma case, Slominski v. Citizens Property Insurance Corporation.1 The Court clarified its previous opinion in Kroener v. FIGA.2 Citizens argued in Slominski that Kroener stands for the proposition that a claim made over two and one-half years after the date of loss is barred as a matter of law due to the late notice.

Continue Reading A Showing Of Delay Alone Is Insufficient For Insurers To Avoid Liability For Late Notice Insurance Claims