Shannon O’Malley | Zelle This is a regular occurrence: an insured makes a claim for damage to its property, the damage is investigated and the insurer finds no evidence that an insured peril caused damage to the property. A year or so later, the insured comes back with a public adjuster, or lawyer, or engineer… Continue reading No Restarting the Clock: Reinvestigating and Reaffirming Denial Does Not Affect a Valid Contractual Suit Limitations Period
Category: Insurance
Third DCA Finds Two‑Year Delay in Reporting Property Damage Violates Prompt‑Notice Obligation
Danielle Robinson | Marshall Dennehey Security First Insurance Company v. Moreno, 51 Fla. L. Weekly D59 (January 7, 2026) This case involves a claim for property damage allegedly caused by Hurricane Irma on September 10, 2017. However, the damage was reported to the carrier more than two years later on April 22, 2020. The carrier… Continue reading Third DCA Finds Two‑Year Delay in Reporting Property Damage Violates Prompt‑Notice Obligation
Court Finds Late Notice an Absolute Bar to Coverage in Property Claim
Joshua Tumen and Marissa Cunha | Property Insurance Law Observer In Deja Realty Corp. v. Travelers Indemnity Company of America, 2026 WL 683303 (S.D.N.Y. 2026), the United States District Court for the Southern District of New York granted summary judgment to the insurer, holding that the insured’s year-long delay in providing notice of property damage violated the… Continue reading Court Finds Late Notice an Absolute Bar to Coverage in Property Claim
Expert Witness Analysis: Reasonable Care and Causation in Frozen Pipe Claims
Advise & Consult, Inc. Based on my review of the facts, policy language, and the court’s analysis in Hill v. Farmers Property & Casualty Insurance Co., [1] this matter provides a clear illustration of how courts evaluate “reasonable care to maintain heat” provisions and ensuing loss arguments in frozen pipe claims arising from extreme winter conditions.… Continue reading Expert Witness Analysis: Reasonable Care and Causation in Frozen Pipe Claims
How To Handle The Pro Se Plaintiff: Practical Guidance For Claims Professionals
Douglas MacKimm | Drew Eckl Farnham Much like in life, the business of insurance defense is about the cards we are dealt with. The more experience you have, the easier it is to know the good cards, the bad cards and how to play them. But what happens when you are dealt with a “wildcard”? This is what it can feel like when matched against a self-represented,… Continue reading How To Handle The Pro Se Plaintiff: Practical Guidance For Claims Professionals