Trevor Potter, of our Miami office, secured an order granting summary judgment in favor of our insurance carrier client in a closely contested late-notice/prejudice case arising from alleged Hurricane Ian damage.

The insureds waited more than 400 days to report the claim and, during that time, completed multiple rounds of roof and interior repairs that materially altered the property before the carrier had an opportunity to inspect it. During their depositions, all three plaintiffs testified that they observed the damage shortly after the storm but chose to address it themselves before reporting the loss. The plaintiffs’ engineering expert likewise acknowledged that the repairs and prolonged delay affected his investigation.

The court granted summary judgment in the carrier’s favor, concluding that the undisputed evidence established prejudice resulting from the delayed reporting and intervening repairs.

The result is particularly significant because the claim arose under a pre-SB 2A policy, preserving the carrier’s ability to pursue recovery of attorney’s fees under its proposals for settlement.