Tag Archives: Notice of Loss

Reasonableness of Notice…Is it Fact Specific?

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

Assessing the “Reasonableness” of Notice

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

Two Year Anniversary Approaching for Colorado’s May 8, 2017 Hailstorm

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

Prompt Notice of Hail Damage—What is It? Why Do Insurers Fetch Their Lawyers to Claim Non-Compliance? Should Insurers Expect Their Insureds To Dangerously Climb Roofs When OSHA Regulations Prevent Their Own Adjusters From Doing the Same?

One of the most offensive examples of insurance company claims managers losing their ethical way is when they demand that their insureds risk life and limb to immediately investigate their roofs after a hail storm. Most insurance policies require “prompt notice” of loss. But, does the insurance company ever warn its customers they must risk … Continue Reading

We Had a Hailstorm Months Ago, But I Just Realized the Severity of the Damage: Is It Too Late to Make an Insurance Claim?

We’ll let the jury decide. Policyholders must meet post-loss obligations under their property insurance policy prior to receiving coverage for a loss. A common condition precedent requires policyholders to provide prompt notice of the loss to their carrier. The carrier must be able to conduct a reasonable investigation of the property conditions as close to … Continue Reading

The Importance of Promptly Providing Notice of Loss

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

New York Notice of Claim Requirements

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

Giving Immediate Notice of Your Hurricane Irma Loss

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

Giving Your Insurance Company Notice of Your Loss

When the storms of 2004 and 2005 slammed Florida and the Southeast, policyholders had a duty to notify the carrier of the loss and sometimes things went wrong during these communications. Part of the problem was because many claims were just telephoned in and many of the carriers used untrained adjusters who did not have … Continue Reading

Prompt Notice and Hamilton Revisited: Herrera v. State Farm Lloyds

Carriers and their lawyer cite the Hamilton1 case for the proposition that a nineteen-month delay in reporting a loss is, as a matter of law, not prompt and therefore prejudices the carrier from investigating the claim. Interestingly, the main evidence presented by the policyholder in Hamilton was deposition testimony from the two insurance adjusters who … Continue Reading

Late Notice of Claims in Montana

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

Six Month Delay in Reporting Property Damage Claim was not “Prompt Notice” According to Eleventh Circuit

If an insured fails to provide prompt notice of its property loss, it can often be grounds for denial of coverage. Most policies have a provision that notice be given promptly, immediately, or as soon as practicable. The question then becomes what is “prompt notice”? In PDQ Coolidge Formad, LLC v. Landmark American Insurance Company,1 … Continue Reading

In Arizona, Delayed Notice of a Claim Does Not Necessarily Nullify Coverage

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

Notice Of Loss Requirements In New York State

I spent the past several weeks discussing the proof of loss requirements in New York. Hopefully, the posts provided insight. A somewhat related issue is notice of a loss, and the requirements under New York law. The second section of the statute I discussed over the last several weeks also addresses notice of loss under … Continue Reading

North Carolina Coverage: Proof of Loss Requirements

Proof of Loss requirements have been a hot topic on the blog this week. As part of my series on North Carolina claims, I had to join the conversation and make sure those who have claims in North Carolina are aware of the requirements regarding Sworn Statements of Proof of Loss. In North Carolina, policyholders … Continue Reading

A Showing Of Delay Alone Is Insufficient For Insurers To Avoid Liability For Late Notice Insurance Claims

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

In California, an Insurer’s “Actual” Notice of a Claim is Required for a Bad Faith Action

I recently blogged about the insurer’s duty to “thoroughly” investigate a claim and what constitutes a “thorough” investigation. But when does the duty to investigate arise? In California, an insurer’s duty to investigate does not arise until it has notice of a claim. While this sounds simple enough, there are some aspects of the notice … Continue Reading

Florida’s Appellate Courts Have Been Busy With Late Notice Hurricane Wilma Cases

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