The statutory framework
- Fla. Stat. 627.70132: 1-year notice for new claims, 18-month for supplemental
- Most policies require "prompt notice"
- Legal standard requires prejudice to the carrier
The prejudice requirement
Florida case law: late notice alone doesn't bar coverage. Carrier must prove prejudice:
- Inability to investigate
- Inability to inspect
- Evidence spoliation
- Materially impaired ability to assess
Without prejudice, late notice is not an absolute bar.
Common counter-arguments
No prejudice demonstrated
- Carrier inspected after notice
- Evidence preserved
- Witnesses available
- Damage documented by policyholder
Excuse for delay
- Hospitalization / incapacity
- Out-of-state during event
- Discovery of damage only recently
- Reasonable diligence once discovered
Policy language ambiguity
- "Prompt" is subjective
- Reasonable interpretation
- Specific deadline language
How to rebut
- Challenge the prejudice showing
- Document reasons for delay
- Document preservation of evidence
- Cite Florida case law on late notice
- Submit supplemental documentation