Florida Court Upholds Denial of Late Hurricane Claim, Reinforcing Prompt Notice Requirement

In August, the Third District Court of Appeal in Miami upheld a summary judgment in favor of the insurance company in a case that addressed whether homeowners can recover for hurricane damage when they wait several years to report the claim. The court ruled that the insurance company was entitled to deny coverage for a hurricane claim reported years after the storm.

The homeowner filed her claim with Citizens more than three years after Hurricane Irma occurred. Citizens denied the claim based on the homeowner’s failure to satisfy the policy’s prompt notice provision. The homeowner challenged the denial in the trial court, but the lower court ruled in favor of Citizens, finding that the delayed notice did violate the terms of the insurance policy contract.

The homeowner then appealed. However, the appellate court ultimately upheld the lower court’s decision. The Third District Court of Appeal referenced several previous cases, including Arce v. Citizens Property Insurance Corporation and Navarro v. Citizens Property Insurance Corporation, that dealt with policyholders who waited years to report their alleged hurricane-related loss to the insurance carrier. In both of those cases, the courts found that these delays violated the prompt notice requirement, thus justifying Citizen’s denial of the claim. Here, the District Court echoed the Arce and Navarro courts, stating that policyholders must act “with reasonable dispatch and within a reasonable time” after discovering damage.

For insurance carriers, the Third District Court of Appeal’s opinion reinforces the enforceability of prompt notice clauses in property insurance policies and supports a carrier’s ability to deny stale and untimely claims. For homeowners, the District Court’s message is clear: waiting years to report damage can result in a properly denied claim, even if the loss may have otherwise been covered. Overall, the Third District’s ruling strongly supports the enforcing of prompt notice provisions by the insurance carrier in property insurance policies. 

_{Legal Update for Florida Coverage & Property Litigation – September 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}