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Posts tagged "Untimely Insurance claims"

Insurance Claims Must Be Timely Raised - Even if Unknown

In October of 2005, the home of Justin and Selma Soronson ("the Insureds") was hit by land falling Hurricane Wilma. ("the Home"). The Insureds did not notice any damage, nor was damage apparently visible from a reasonable and customary inspection. More than three years later, in 2009, an inspection was performed on the roof of the Home that revealed damage that appeared to be caused by a windstorm event. The Insureds immediately notified their insurance carrier and complied with the insurance policy's requirement for submission of a sworn proof of loss. The insurance company conducted its own inspection, and denied coverage. The insurer claimed that no damage was verified, and the passage of time prior to notice of the claim being made prejudiced the insurance company's ability to properly determine the cause of any such damage. Judgment was entered in favor of the insurance company and an appeal ensued.

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