Sunday, December 16, 2012

Notice of claim, insurance coverage, and roasted quail with cranberry and port wine sauce and grilled squash

Insurance -- Property -- Notice of claim -- Untimely notice -- Trial court erred in finding that insured's untimely notice of claim, served twenty-nine months after alleged loss, barred claim as matter of law -- Proper inquiry is whether insurer was prejudiced by untimely notice -- Remand for reconsideration of insurer's motion for summary judgment and insured's response for purposes of prejudice analysisKINGS BAY CONDOMINIUM ASSOCIATION, INC., Appellant, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. 4th District.

Timely Notice: DELAY IN NOTICE DOOMS PROPERTY OWNER'S COVERAGE CLAIM, 2ND CIRCUIT SAYS, Pfeffer v. Harleysville Group, 8 No. 16 Westlaw Journal Insurance Bad Faith 11, Westlaw Journal Insurance Bad Faith December 11, 2012
An apartment building owner who notified his insurance company more than two years after he learned a construction job had damaged his building failed to give his insurer timely notice of his claim, the 2nd U.S. Circuit Court of Appeals has affirmed. Although the owner notified his broker nearly immediately after learning of the damage, "notice to a broker is not notice to the carrier" under New York law, a three-judge appeals court panel said in a written opinion.

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