Michael Kranzler | Chartwell Law A condition precedent to receiving coverage under almost any insurer’s homeowner’s policy is an obligation for the insured to provide reasonably “prompt” notice of any loss. However, most policies never define what constitutes “prompt,” creating a common angle of attack for insureds trying to avail themselves of their delay in… Continue reading Did the 4th District Court of Appeal Make Any Real Change to an Insurer’s “Late Notice” Defense?
Category: Insurance Coverage
How will Florida’s Amended Summary Judgment Standard Affect Bad Faith Cases?
Matthew Lavisky | Butler Weihmuller Katz Craig The Florida Supreme Court ended 2020 with a bang! The Supreme Court amended Florida Rule of Civil Procedure 1.510 to adopt the federal summary judgment standard. This change will affect different types of civil litigation in varying ways. Here, we discuss how the change will affect bad faith litigation. Background of the amendment In 2019, Florida’s Fifth District Court of Appeal… Continue reading How will Florida’s Amended Summary Judgment Standard Affect Bad Faith Cases?
No Coverage for Lawsuit That Related Back to Claim Made During Prior Policy Period
Edward Brown | Wiley Rein The United States Court of Appeals for the Eighth Circuit, applying Arkansas law, has affirmed a ruling in favor of an insurer holding that there was no coverage for a claim made during one policy period but not reported until the following policy period. Pine Bluff Sch. Dist. v. Ace Amer.… Continue reading No Coverage for Lawsuit That Related Back to Claim Made During Prior Policy Period
Federal District Court Finds Coverage Barred Because of Lack of Allegations of Damage During the Policy Period and Because of Late Notice
Robert Dennison | Traub Lieberman In American Bankers Ins. Co. of Florida v. National Fire Ins. Co. of Hartford, 2020 WL 5630017 (Sept. 21, 2020), the Northern District of California of the United States District Court had occasion to consider whether allegations in an underlying complaint triggered a duty to defend and a late notice defense to… Continue reading Federal District Court Finds Coverage Barred Because of Lack of Allegations of Damage During the Policy Period and Because of Late Notice
Insured Failed to Timely Report Grievance Letter as ‘Professional Claim,’ But Insurer’s Late Notice Denial Waived By Seven-Month Delay
Elizabeth Jewell | Wiley Rein The United States District Court for the Southern District of New York, applying New York law, has concluded that, even though a grievance letter to an insured constituted a “Professional Claim” that was not timely reported, the insurer waived its late notice coverage defense by waiting seven months to deny… Continue reading Insured Failed to Timely Report Grievance Letter as ‘Professional Claim,’ But Insurer’s Late Notice Denial Waived By Seven-Month Delay