Tag Archives: Notice of Loss

Prompt Notice of Hail Damage—What is It? Why Do Insurers Fetch Their Lawyers to Claim Non-Compliance? Should Insurers Expect Their Insureds To Dangerously Climb Roofs When OSHA Regulations Prevent Their Own Adjusters From Doing the Same?

One of the most offensive examples of insurance company claims managers losing their ethical way is when they demand that their insureds risk life and limb to immediately investigate their roofs after a hail storm. Most insurance policies require “prompt notice” of loss. But, does the insurance company ever warn its customers they must risk … Continue Reading

We Had a Hailstorm Months Ago, But I Just Realized the Severity of the Damage: Is It Too Late to Make an Insurance Claim?

We’ll let the jury decide. Policyholders must meet post-loss obligations under their property insurance policy prior to receiving coverage for a loss. A common condition precedent requires policyholders to provide prompt notice of the loss to their carrier. The carrier must be able to conduct a reasonable investigation of the property conditions as close to … Continue Reading

The Importance of Promptly Providing Notice of Loss

Most property insurance policies require that the insured must provide “prompt” notice of a loss as soon as possible after a covered loss. While many states throughout the country have adopted the Notice-Prejudice Rule which prevents an insurer from denying a claim unless it can demonstrate actual prejudice resulting from the delayed notice of loss, … Continue Reading

Prompt Notice and Hamilton Revisited: Herrera v. State Farm Lloyds

Carriers and their lawyer cite the Hamilton1 case for the proposition that a nineteen-month delay in reporting a loss is, as a matter of law, not prompt and therefore prejudices the carrier from investigating the claim. Interestingly, the main evidence presented by the policyholder in Hamilton was deposition testimony from the two insurance adjusters who … Continue Reading

Six Month Delay in Reporting Property Damage Claim was not “Prompt Notice” According to Eleventh Circuit

If an insured fails to provide prompt notice of its property loss, it can often be grounds for denial of coverage. Most policies have a provision that notice be given promptly, immediately, or as soon as practicable. The question then becomes what is “prompt notice”? In PDQ Coolidge Formad, LLC v. Landmark American Insurance Company,1 … Continue Reading

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

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 … Continue Reading

Notice Of Loss Requirements In New York State

I spent the past several weeks discussing the proof of loss requirements in New York. Hopefully, the posts provided insight. A somewhat related issue is notice of a loss, and the requirements under New York law. The second section of the statute I discussed over the last several weeks also addresses notice of loss under … Continue Reading

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

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 … Continue Reading

In California, an Insurer’s “Actual” Notice of a Claim is Required for a Bad Faith Action

I recently blogged about the insurer’s duty to “thoroughly” investigate a claim and what constitutes a “thorough” investigation. But when does the duty to investigate arise? In California, an insurer’s duty to investigate does not arise until it has notice of a claim. While this sounds simple enough, there are some aspects of the notice … Continue Reading

Florida’s Appellate Courts Have Been Busy With Late Notice Hurricane Wilma Cases

The Florida Fourth District Court of Appeals has been busy with late notice Hurricane Wilma cases on appeal. Trial courts within the Fourth District have disposed of these cases, finding as a matter of law that late notice prejudiced insurers. Judges generally decide questions of law, while questions of fact are left for the trier … Continue Reading

Late Notice–When is Late Too Late?

A case issued yesterday shows when late notice is simply far too late. The policyholders lost in Kramer v. State Farm Florida Insurance Company,1 because they had no proof that the insurer was not prejudiced by the late notice of the loss. There should be an asterisk to this post because the lesson is that if … Continue Reading

Texas Case Law: Business Coverage Precluded by Insured’s Failure to Provide Required Notice of Claim

On June 13, 2012, The U.S. District Court for the Southern District of Texas granted summary judgment in favor of a liability insurer that seeking a declaration of non-coverage for a claim for cleanup costs associated with an environmental discharge. In St. Paul Surplus Lines Ins. Co. v. Davis Gulf Coast Inc., No. 11-0403 (S.D. … Continue Reading

Policyholders Will Have Their Day In Court Since Florida Court of Appeals Overturns Trial Court’s Ruling In “Late Notice” Hurricane Wilma Case

Those familiar with Hurricane Wilma litigation in South Florida may be fully aware of a recent trend of trial court rulings which take cases away from juries, seemingly depriving policyholders of their days in court. Summary judgment rulings on “late notice” defenses basically ended the cases and took the factual determinations away from the jury. … Continue Reading

South Florida Juries Reach Different Conclusions in Late Notice Hurricane Cases

After two recent trials in federal court in South Florida, two different juries found different results in allegedly late filed hurricane insurance claims. Most property insurance policies require that the policyholder notify the insurance company of loss or damage with some degree of expediency, however most policies do not specify when notice will be late … Continue Reading
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