... was held not "as soon as practicable" in Clena Investments, Inc. v. XL Specialty Ins. Co., 2012 WL 1004851 * (S.D. Fla. March 26, 2012), Download Clena Investments, Inc. v. XL Specialty Insurance Co. (S.D. Fla. Case No. 10.62028, Order on MSJ Filed March 26, 2012) PUBLIC ACCESS. The insurance policy in that case required notice "as soon as practicable" of "every loss, damage or occurrence which may give rise to a claim under this Policy." Id. at *2.
Notice of loss provided 4 years later was unacceptably late, the Court in that case held. The Court granted the insurance company's motion for summary judgment on late notice. Id. at *4, *6-*7.
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While policies differ, most require that the insured provide notice of a loss to the insurer. South Florida Juries Reach Different Conclusions in Late Notice Hurricane Cases.
Posted by: Foremost Insurance | May 09, 2012 at 09:06 AM