Tag Archives: proof of loss

Insured Fails To Rebut Presumption Of Prejudice: Florida Federal Court Grants Summary Judgment To Insurer On Late Notice Wilma Claim

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 address Florida law … Continue Reading

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

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 lower court’s grant of … Continue Reading

Sworn Proof of Loss Is a Condition Precedent, and Presumption of Prejudice Applies: Florida’s 3rd DCA Reverses Summary Judgment for Insurer

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, at … Continue Reading

Business Interruption Requires Complete Cessation of Operations: Fifth Circuit Affirms, In Part, Southern District of Texas Grant of Summary Judgment to Insurer

In GBP Partners Ltd. v. Maryland Casualty Company, 2013 U.S.App.LEXIS 563 (5th Cir. Jan. 4, 2013), the U.S. Court of Appeals for the Fifth Circuit reviewed the entry of summary judgment by the trial court in favor of the insurer. GBP arose out of damage to the roof of a shopping center caused by the … Continue Reading

Proofs of Loss in Florida: Second District Court of Appeal Reverses Summary Judgment for Insurer Based On Waiver and Partial Compliance

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 within a certain time period (in some policies this applies only where the insurer requests a proof of loss). If the insured partially complies, i.e., provides … Continue Reading

Sworn Proof of Loss is a Condition Precedent, and Florida’s 5th DCA Applies Presumption of Prejudice Rule

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 … Continue Reading

North Carolina Designates More “State of Emergency” Counties Due to Hurricane Sandy, Implicating Statutory Requirements

On October 31, 2012, North Carolina’s Commissioner of Insurance issued Bulletin 12-B-07, which provides an expanded list of counties previously designated (by Executive Order 129 issued on October 26, 2012) as in a “State of Emergency.” When a particular county is so designated, the Bulletin indicates that N.C.G.S § 58-2-46 is triggered, which provides the … Continue Reading

Settlement Agreement Does Not Constitute “Proof of Loss” under Louisiana Bad Faith Statute, According To Louisiana Supreme Court

In Katie Realty, Ltd. d/b/a The Landry Building v. Louisiana Citizens Property Ins. Inc., 2012 La. LEXIS 2710 (La. Oct. 16, 2012), the Louisiana Supreme Court reversed the First Circuit Court of Appeals and held that a written settlement agreement does not constitute a “proof of loss” under La. Rev. Stat. § 22:1892 (A)(1) and, … Continue Reading

Appraisal Rights Upheld in Face of Premature Litigation, Notwithstanding Florida Statutory Mediation Notice Requirements

Consistent with its general support of Alternate Dispute Resolution (“ADR”) procedures, Florida promulgated a mediation procedure for property insurance claims. Fla. Stat. § 627.7015 (2010). This statute contains a provision which, should the insurer fail to comply with mediation notice requirements, can result in a waiver of the insurer’s appraisal rights under the insurance policy. … Continue Reading

Late Notice and Prejudice: Florida’s Fourth District Court of Appeal Finds Insufficient Evidence To Rebut Presumption Of Prejudice To Insurer

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 opinions. In Slominski, … Continue Reading

Entry of appraisal award constitutes “favorable resolution” of underlying breach of contract claim under Florida law, thereby permitting insured to pursue statutory bad faith damages

In many jurisdictions, a bad faith case predicated on a property insurer’s denial or alleged underpayment of a claim will not reach a jury if it is determined that the insurer fulfilled its obligations under the contract. The rationale is that if the insurer’s alleged conduct does not rise to the level of a breach … Continue Reading

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

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 … Continue Reading

Prompt Notice and Timely Proof of Loss Requirements Deemed Conditions Precedent to Recovery Under Property Insurance Policy By Florida District Court of Appeal

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 … Continue Reading
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