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Case Law Wednesdays - Prompt Notice?


Insurance policies typically contain post loss obligations that the insured must abide by before filing a lawsuit. Post loss obligations are conditions that the insured must perform after they have experienced a damage to their property. These obligations can include providing prompt notice of the loss. Prompt notice is not defined in insurance policies; thus, it has been up to Florida courts to interpret what constitutes “prompt.”


In Hope v. Citizens [1], the insured sustained damage to his home as a result of Hurricane Wilma in 2005. The insured failed to file a claim with his insurance company until four years later in 2009. Between 2005 and 2009, the insured made various repairs to the property in an effort to mitigate the damages. The insurance company denied the claim because the insured had failed to provide prompt notice. The court concluded that the insurance company had been prejudiced due to the fact that the insured had failed to provide timely notice. Thus, the insured's claim was barred.


It is crucial that after you sustain a loss you report the damage to your insurance company. As an insured you have post loss obligations that you must abide by after a loss. If you are unaware of your post loss obligations, you can always contact your insurance company to gain more information or seek the assistance of an attorney.


If you have sustained a loss at your property, schedule a consultation with the experienced attorneys at Alvarez Law Group today. Call us at (786) 620-2820 or email assistant@alvarez.legal to schedule a consultation.


*Disclaimer: this blog post is not intended to be legal advice. *


[1] Henry Hope and Florence Cunningham v. Citizens Property Insurance Corporation, No. 3d11-3147 (June 5, 2013).

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