Third DCA Finds Two‑Year Delay in Reporting Property Damage Violates Prompt‑Notice Obligation

Security First Insurance Company v. Moreno, 51 Fla. L. Weekly D59 (January 7, 2026)

This case involves a claim for property damage allegedly caused by Hurricane Irma on September 10, 2017. However, the damage was reported to the carrier more than two years later on April 22, 2020. The carrier determined a portion of the claim was covered, but the covered damages were under the $6,000 windstorm deductible.

The insureds filed suit a short time later, alleging the carrier breached the policy by failing to fully compensate them for the loss. At the trial, one of the insureds testified that he immediately noticed roof tiles on the ground, dislodged on the roof, and damage to a fence, however, no interior water leaks were reported. The insured testified two months later, in November 2017, claiming he noticed water leaks in the garage and family room, and put a tarp on the roof at that time. The insured testified the water stains inside the home grew and a few months after he initially noticed, he observed another water stain in the living room. The insured testified he did not report the claim for over two years because he “had personal family, personal issues going on.”

The carrier moved for a directed verdict at the close of the insureds’ case, and again at the close of their case, requesting the court find there was a failure to provide prompt notice. The court denied the motions, ruling it was a jury question. The jury found the carrier did not prove the insureds failed to provide late notice and awarded $47,500.00 to the insureds. The carrier appealed the denials of the motions for directed verdict on the prompt notice issue.

The Third DCA reversed the denial of the motions for directed verdict. The court noted the insured testified he observed water stains and put a tarp up more than two years before he reported the loss. Thus, the Third DCA found that because the insured acknowledged he knew he had property damage for over two years but did not report it due to personal and family issues, the notice was not prompt. The Third DCA remanded the case for a new trial solely on the issue of whether the carrier was prejudiced by the failure to provide prompt notice.