A new federal decision provides insurers with helpful support on late notice and prejudice where an insured completes demolition or repairs before the carrier can inspect. In Global Approach, Inc. v. Scottsdale Insurance Company, 2026 WL 1513430 (S.D. Fla. June 1, 2026), the insured waited 46 days to report a plumbing loss and, more importantly, demolished and began repairing the damaged bathroom without preserving photographs or video of its pre-repair condition. The Court found notice untimely as a matter of law, emphasizing that the insured knew of the damage but proceeded with demolition before Scottsdale had an opportunity to inspect the original conditions.

The prejudice analysis is particularly useful for insurers. Scottsdale’s ability to later develop expert causation testimony did not cure the lost opportunity to inspect the property before demolition, and reliance on other coverage defenses did not waive its late-notice defense.

Practical takeaway: The decision highlights why the claim chronology and condition of the property at first notice can matter as much as the length of the delay itself. Pre-notice repairs, demolition, discarded materials, missing photographs, and other changes to the loss scene may be significant when evaluating whether delayed notice impaired the carrier’s investigation.

Global Approach is another useful development in Florida’s evolving late-notice landscape. Our insurance coverage team continues to track these decisions and their implications for carriers handling claims involving delayed reporting and altered loss conditions. For questions about how this developing case law may affect a particular claim or coverage dispute, please contact our team at info@kubickidraper.com