Tag Archives: Notice of Loss

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

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

Court Considers Length of and Reasons for Delay in “Late Notice” Cases

To make a claim for hurricane damage to property, you must first notify the insurance carrier of the damage. Most policies require the policyholder to provide this notice with some degree of expediency, usually “prompt” notice. Unfortunately, most policies do not define the term “prompt” and different circumstances could lead to varying interpretations of what … Continue Reading

Insureds in Pennsylvania Win the Late Notice Battle but Bad Faith is Denied.

Usually, I write about cases involving public adjusters, but here is an interesting case where the insurance company’s adjuster helped the insureds. Recently, a frequent allegation raised by the insurance companies seems to be “too little…too late.” Insurance policies typically include a condition that requires losses to be promptly reported. Jeremy Tyler and Shaun Marker … Continue Reading

Late Notice Of The Claim Part 5 – In Florida, Different Presumptions Arise Depending On Whether We Are Discussing A Policy Notice Provision Or A Policy Cooperation Clause

As previously noted in the first four posts of the Hurricane Law series discussing Late Notice of Claims, in Florida, if a policyholder does not timely report an insurance claim to the insurance carrier, prejudice to the insurer will be presumed. This presumption may be rebutted by a showing that the insurer was not prejudiced … Continue Reading

Late Notice Of The Claim, Part 3: Is The Hurricane Re-Open Claim A “Supplemental Claim”?

Continuing with our discussion regarding late notice and prejudice defenses asserted by insurers, when is a re-opened hurricane claim a “supplemental claim?” This issue often presents itself in the context of a demand for appraisal by the policyholder on a re-opened hurricane claim. Insurance carriers treat the re-opened claim as a “supplemental claim” because a … Continue Reading

Late Notice Of The Claim Part 1 — Contrary to The Popular Belief of Insurance Carriers in Florida, Late Notice Is Not Necessarily An Absolute Coverage Defense

A frequent issue that lawyers, adjusters and other insurance industry experts address in Florida involves policyholders’ failure to timely report their Hurricane Wilma claims to the insurance carriers. Often times, a policyholder is unaware of his or her rights and obligations under the policy and Florida law, and is unfamiliar with finding and determining damages … Continue Reading

What Exactly is “Timely Notice”?

(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is the fifth part in a series he is writing on post-loss duties). With the prevalence of supplemental claims, especially in Florida, one issue that has been coming up recently is the requirement that the … Continue Reading