Policy language varies when it comes to how and when an insured is required to give notice of a claim. Some policies have a definitive time frame setting forth when notice must be given, but others use terms such as “prompt,” “immediate” or “as soon as practicable.” When the policy does not provide a definitive … Continue Reading
As any contributor on this blog will tell you, the first step in assessing any claim is to read the Policy. Policy language is ever evolving and changing, especially when it comes to notice requirements. The purpose of a notice requirement in an insurance policy is to enable the insurer to make a timely and … Continue Reading
Colorado policyholders should be mindful to review their insurance policies for time limit considerations that may bar them from pursuing insurance benefits beyond two years after the May 8, 2017, hailstorm. While Colorado requires that any action against an insurance company for failure to pay covered benefits must be brought within three years of the … Continue Reading
Many of us in Central Colorado remember the hail storm that wreaked havoc on the Denver metro area in May 2017. What happens when hailstorm damage to your property does not manifest itself for a period of months, or even a year later? Should a claim be denied for being reported once discovered? Unfortunately, the … Continue Reading
The U.S. Court of Appeals for the Eleventh Circuit has ruled that an insurance company did not have to cover a claim against an insurance broker where the broker failed to timely notify the insurer of a claim because of a mailroom employee’s failure to properly process a letter.… Continue Reading
When homeowners discover a plumbing issue in their home, there are usually several things running through their minds: investigating the source of the leak, stopping and fixing the problem, and drying as much of the water as possible. One thing that can be easily overlooked, especially by insureds who have never experienced a plumbing leak … Continue Reading
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
Contrary to most New York policies which require notice to be given “promptly”, Connecticut policies tend to require notice “as soon as practical.”… Continue Reading
As discussed in my previous blog post regarding the tropical storm watch issued for parts of Long Island because of Hurricane Jose, as soon as damage is discovered, it should be reported to the insurance company, even if you think it is minor and not something that the insurance company will bother with.… Continue Reading
Many of our recent blogs—before Hurricane Irma made landfall—discussed hurricane preparedness. In those posts, we urged insureds to have their insurance policies handy so they would have the pertinent information to notify their insurance carrier of their loss.… Continue Reading
Some losses are not as readily apparent to policyholders as a fire or significant water loss. The policyholder may not discover the damage until days, weeks or months after the loss occurred. This can often be the case for hail losses to roofs. However, when the policyholder gives notice weeks or months after the loss, … Continue Reading
Readers of our blog know that the attorneys at Merlin Law Group practice nationwide and report on issues and cases nationwide. I recently began working on a new case in Nebraska, so I thought I would share with you a recent case1 there regarding notice requirements.… Continue Reading
I previously posted a video about late notice of claims and the effect thereof nationwide. Recently, the Supreme Court of Montana re-affirmed that an insurer must show actual prejudice before denying a claim because of late notice.… Continue Reading
Immediate knowledge of a loss is never guaranteed. For example, many northeastern residents winter down south and they may go months without visiting one of their properties. What happens if during one of those periods their property is damaged and they don’t find out until months later?… Continue Reading
In a recent blog I discussed how a Second Circuit Court of Appeals case, Fabrozzi v. Lexington Insurance Company,1 interpreted the law regarding “Late Notice” expansively in favor of policyholders. A recent New York State Court of Appeals ruling has failed to continue this expansion and has left the law as it was regarding a … Continue Reading
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
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
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
On June 27, 2011, in What Has Happened To The Rebuttable Presumption Of Prejudice In A Recent Late Notice Case, I discussed how the Florida Fourth District Court of Appeal had issued its opinion in Kroener v. FIGA1 did not discuss the Florida Supreme Court’s rebuttable presumption of prejudice test and held that notice of … Continue Reading
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
