Florida Panel Says Issue Of Fact Exists On Insureds’ Notice Of Water, Mold Claim

Mealey's (December 10, 2020, 12:40 PM EST) -- WEST PALM BEACH, Fla. — The Fourth District Florida Court of Appeal on Dec. 9 reversed a trial court’s ruling in favor of a property insurer in a water and mold damage coverage dispute after determining that an issue of fact exists as to whether the insureds’ five-day delay in notifying the insurer of the loss was prejudicial to the insurer and in breach of the insureds’ post-loss contractual obligation to provide prompt notice of a loss (Restoration Construction LLC v. SafePoint Insurance Co., No. 4D19-3790, Fla. App., 4th Dist., 2020 Fla. App. LEXIS 17528)....

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