David Adelstein | Florida Construction Legal Updates In the preceding posting, I wrote about making sure you comply with your property insurance policy’s post-loss policy obligations. By failing to comply, you can render your policy ineffective meaning you are forfeiting otherwise valid insurance coverage, which was the situation discussed in the preceding posting. As an insured, you… Continue reading Courts Will Not Rewrite Your Post-Loss Property Insurance Obligations
Tag: Post-Loss Obligation
Avoid the Headache – Submit the Sworn Proof of Loss to Property Insurer
David Adelstein | Florida Construction Legal Updates Property insurance policies (first party insurance policies) contain post-loss obligations that an insured must (and should) comply with otherwise they risk forfeiting insurance coverage. One post-loss obligation is the insurer’s right to request the insured to submit a sworn proof of loss. Not complying with a post-loss obligation such as submitting… Continue reading Avoid the Headache – Submit the Sworn Proof of Loss to Property Insurer
Overcoming the Prejudice of Late Reporting
Kyle Staggs | Property Insurance Coverage Law Blog | November 25, 2019 The Florida Third District Court of Appeal recently found that when a policyholder failed to substantially comply with a post-loss obligation, the insurance company is presumed to have been prejudiced by the breach.1 The burden then shifts to the policyholder to show that the… Continue reading Overcoming the Prejudice of Late Reporting