Notice provisions in property insurance policies typically require the insured to promptly provide notice of a loss to the insurer. Despite the plain language requiring prompt notice, some jurisdictions require that an insured’s late notice cause some prejudice to the insurer in order to make a finding of no coverage. The court’s decision in De La Rosa v. Fla. Peninsula Ins. Co., 2018 Fla. App. LEXIS 6893 (Fla. Dist. Ct. App. May 16, 2018), demonstrates the consequences of failing to provide prompt notice that resulted in prejudice to the insurer.
Continue Reading Late Notice in Florida: Appellate Court Affirms Finding of No Coverage Where Insurer Prejudiced In Determination of Extent of Damage
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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…
Florida Late Notice Law: Florida Appellate Court Grants Insurer Motion for Rehearing, Withdraws Previous Ruling, And Affirms Trial Court’s Grant of Summary Judgment To Insurer
By Gene Murphy on
Posted in Late Notice
In 1500 Coral Towers Condominium Association, Inc. v. Citizens Property Ins.Co., No. 3D12-132 (3rd DCA April 3, 2013), upon rehearing and de novo review, Florida’s Third District Court of Appeal withdrew its February 6, 2013 late notice ruling (see our analysis of that decision in the February 11 posting), and affirmed the…
Sworn Proof of Loss Is a Condition Precedent, and Presumption of Prejudice Applies: Florida’s 3rd DCA Reverses Summary Judgment for Insurer
By Guest Contributor on
Posted in Late Notice
As we have indicated in prior blog posts on the Soronson and Slominski cases, 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. Cooperation clauses requiring prompt notice and sworn proof of loss are implicated, and the issue,…
Late Notice Under Property Insurance Policy in Florida: Failure to Promptly Notify Insurer Deemed Insufficient to Warrant Summary Judgment by Florida District Court of Appeal
By Guest Contributor on
Posted in Late Notice
We have seen several recent cases in Florida addressing prompt notice requirements in property policies, many of which are related to Hurricane Wilma claims. This latest decision by the Fourth District Court of Appeal, Leben v. State Farm Florida Ins. Co. 2012 Fla. App. LEXIS 12522 (Aug. 1, 2012) seems to be contrary to the…
Prompt Notice and Timely Proof of Loss Requirements Deemed Conditions Precedent to Recovery Under Property Insurance Policy By Florida District Court of Appeal
By Guest Contributor on
Posted in Late Notice
Typical property policies require the insured to cooperate with the insurer in the investigation of the claim, and specifically require the insured to submit a sworn proof of loss, provide timely responses to an insurer’s request for documentation related to the claim and, if requested, submit to examinations under oath. If the insured fails to…