Third DCA Holds a Three-Year Delay is Too Long To Wait

Camacho v. Citizens Prop. Ins. Corp., No. 3D24-1974, 2026 WL 216413 (Fla. Dist. Ct. App. Jan. 28, 2026)

Under Florida law, a long, unexplained delay in reporting a claim creates a presumption of prejudice to the insurance carrier, which the policyholder must overcome in order to ultimately succeed in pursuing their case. In January, the Third District Court of Appeals, in upholding the summary judgment in favor of the insurance carrier, found that an insured’s almost three year delay in reporting a claim to their insurance carrier “insurmountably stymied” the insurance carrier’s ability to investigate the claim, constituting a breach of the policy's prompt notice requirement.

In the underlying case, the insured claimed Hurricane Irma caused damage to her home but did not report the loss to their insurance carrier until almost three years after the storm. The insurance carrier subsequently denied claim arguing that the extreme delay in reporting prevented it from being able to timely and adequately evaluate and adjust the claim. The insured filed a breach of contract claim alleging that the insurance carrier’s denial of the claim constituted a breach of the insurance contract. The insurance company subsequently filed a motion for summary judgment arguing that the insured could not overcome the presumption of prejudice as a result of their delayed reporting.

This case highlights the significant importance of the timeliness of an insured’s reporting of a claim when evaluating a coverage determination with the Third DCA underscoring the fact that post-loss obligations are not mere technicalities, they can present favorable case-dispositive scenarios for a carrier.