Bensen v. Privilege Underwriters Reciprocal Exchange
A homeowner reported hurricane roof damage to his insurer more than two years after Hurricane Irma, after a roofer first attributed the damage to wind in January 2020. The trial court granted the insurer summary judgment for failure to give prompt notice. The Sixth DCA reversed, holding that a genuine dispute of fact existed as to whether a reasonable insured would have known he had a covered claim before January 2020.
Key facts
- Homeowner reported hurricane roof damage to his insurer more than two years after Hurricane Irma, after a roofer first attributed the damage to wind in January 2020.
- Trial court granted summary judgment in favor of the insurer, finding the homeowner failed to provide prompt notice as required by the insurance policy.
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Why it matters
This is a useful decision for first-party property policyholders defending late-notice summary judgment motions in hurricane claims: it draws a sharp line between knowledge of damage and knowledge that the damage stems… — full analysis with a trial
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