This case, Hope v. Citizens Property Ins. Co., 2013 Fla. App. LEXIS 8891 (Fla. 3rd DCA, June 5, 2013), addresses the sufficiency of evidence to overcome the presumption of prejudice in the context of a late notice Hurricane Wilma claim. Mr. Hope, the homeowner, sustained damage to his home as the result of Hurricane Wilma
Late Notice
Insured Fails To Rebut Presumption Of Prejudice: Florida Federal Court Grants Summary Judgment To Insurer On Late Notice Wilma Claim
By J. Tyler Butts on
Posted in Late Notice
As we have indicated in prior blog posts on the Soronson, Slominski, and 1500 Coral Towers cases, late notice issues have been cropping up consistently in Florida in the context of Hurricane Wilma claims being reported years after the storm. Although the above-cases were decided by Florida appellate courts, the latest case to…
Late Notice and Prejudice: Florida’s Fourth District Court of Appeal Finds Insufficient Evidence To Rebut Presumption Of Prejudice To Insurer
By Guest Contributor on
Posted in Late Notice
Late notice issues have been cropping up consistently in the Florida appellate courts in the context of Hurricane Wilma claims being reported years after the storm. The latest decision, Slominski v. Citizens Property Ins. Corp., 2012 Fla. App. LEXIS 16730 (Fla. 4th DCA Oct. 3, 2012) attempts to reconcile other recent Fourth District…
Seventh Circuit Affirms Continuous Trigger Applicable In First Party Policy and Insurer’s Bad Faith Denial of Coverage Under Wisconsin Law
By Guest Contributor on
Posted in Bad Faith, Trigger of Coverage
When a loss arguably spans more than one policy period (the time period while a particular policy is in effect), the rule of law known as trigger of coverage, along with any policy provision addressing the issue, determines when a loss is considered to have occurred, and thus which policy or policies cover a particular…