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Is eleven months too long a delay in filing a claim with an insurer after a loss? | Property Insurance Law Team Blog



With cold temperatures gripping my home state of New Jersey, my mind (and research) takes me to warmer places. In a recent case, 1 a federal court in Georgia held that an insured's 11-month delay in filing a claim after a loss was not justified and gave the insurer a reasonable basis to reject the claim.

] In that case, the insured's home was significantly damaged during a fire in November 2018. The plaintiff then filed a claim with his insurer for damages from the fire in October 2019. The insured claimed that he waited so long to submit a claim to his insurer . his insurer due to substance abuse problems that affected his memory, and that he was in such an upset state of mind after the fire that he could not remember who his insurer was.

After conducting his investigation, the insurer disputed the claim for failure to comply with the provision. on "immediate notice" in the insurance.

In the subsequent trial for breach of the insurance contract, the district court finally issued a summary judgment to the insurer found that the insured had breached the insurance contract. a condition for the insurance to give the insurer "immediate notice" after a loss without sufficient justification for the delay.

in the insurance:

  1. "the totality of the circumstances" for the insured when dealing with the effects of a recent divorce, the aftermath of a foreclosure and struggling with substance abuse issues.
  2. the insured's claim that he "forgot" his insurer's identity and did not have physical possession of his insurance.
  3. The insured's alleged trust in a telephone conversation with his mortgage company in which he is alleged to have been informed that he had no insurance cover.

This case underlines the importance of giving an insurer in good time if a claim after a loss. If you are unsure of the time limit for reporting damage for your damage, check your insurance. It should be noted that other states (such as New Jersey) require an insurer to show that it has been harmed in order to release itself from liability for the insured's violation of the notice provision. Click here for more information and a timeline for the claim process after a loss.
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1

Currie v. Auto-Ins. Co. No. 1:20-CV-02160, 2021 WL 4354188 (N.D. Ga. August 12, 2021).


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