Palm Beach-Jupiter-Fort Pierce Property Damage Attorney
Notice of Damage Claims
Generally speaking, property insurance policies in Florida require the insured, or homeowner, to promptly notify the carrier when there is a property loss. Timely notice of the damage claim is important because the carrier must have an opportunity to investigate and adjust the loss. Accordingly, notification of the claim is an insured’s contractual obligation.
If the homeowner fails to give timely notice it could be a basis for denial of coverage under the policy.
The Prejudice Rule in Florida & Late Notice
Even if the insured fails to give prompt notice of a damage claim, it does not necessarily mean that coverage is lost or voided. When notice of the claim is late or untimely, the courts will presume that the carrier has been prejudiced by the late notice. But that is not the end of the inquiry. The homeowner will still have an opportunity to rebut this presumption by demonstrating to the court that the carrier was not prejudiced by the late notice. It will be the homeowner’s burden, though, to prove lack of prejudice.
A case that aptly illustrates the prejudice rule is Stark v. State Farm Florida Insurance Co., 95 So.3d 285 (Fla. 4th DCA 2012). In this case the owner’s roof was damaged by Hurricane Wilma when that windstorm struck South Florida in 2005. However, the owner did not notify the carrier until 2009, over three years later. After the carrier investigated the loss, it denied the claim based in part upon the owner’s late notification. At trial, the carrier filed a motion for summary judgment against the owner, which the trial court granted.
The appellate Court ultimately ruled against the carrier’s motion, stating that there were triable issues of material fact on the issue of prejudice. In particular, the Court was persuaded by the owner’s presentation of affidavits from his engineer and public adjuster that were submitted in response to the carrier’s trial motion. Those affidavits essentially asserted that, even if notice of the claim had been late, the carrier could still ascertain that the owner’s roof was damaged by the hurricane.
Whether a carrier has been prejudiced by an insured’s late notice of a claim is ordinarily a question of fact.
Representation of Insurance Claimants
If you have sustained a property damage loss in the Palm Beach County area, and you are having trouble with your insurance carrier, please call our office for legal assistance. Attorney Joseph Rosen is accessible to his clients and will personally take on your claim.
Filed under: Florida Business
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