Fourth DCA Denies Insurance Company’s Defense as Untimely in Recent Case

In a recent case, the Fourth District Court of Appeal in Florida rejected an insurance company’s defense as too little, too late. The case involved a dispute between an insurance company and a policyholder over the amount of coverage owed for damages resulting from a hurricane.

The policyholder had filed a claim with their insurance company following the hurricane, seeking coverage for damages to their property. The insurance company initially denied the claim, stating that the damage was not covered under the policy. However, the policyholder filed a lawsuit against the insurance company, arguing that the damage was covered under the policy.

During the lawsuit, the insurance company changed its position, acknowledging that the damage was covered under the policy. However, the insurance company argued that the policyholder was not entitled to the full amount of coverage they were seeking, citing various policy provisions.

The court rejected the insurance company’s defense, stating that it was too little, too late. The court found that the insurance company had initially denied the claim without conducting a proper investigation, and it was only after the policyholder had filed a lawsuit that the insurance company had changed its position. The court also found that the insurance company had not raised its arguments regarding the policy provisions in a timely manner.

This case highlights the importance of insurance companies conducting a thorough investigation of claims and providing accurate information to policyholders in a timely manner. Policyholders rely on their insurance companies to provide them with the coverage they need in the event of a loss, and it is crucial for insurance companies to fulfill their obligations under the policy.

Moreover, this case also emphasizes the significance of seeking legal assistance in insurance disputes. Policyholders who are facing a denial or delay of their insurance claim should seek legal assistance to ensure that their rights are protected and that they receive the coverage they are entitled to under their policy.

In conclusion, the Fourth District Court of Appeal’s decision to reject the insurance company’s defense as too little, too late underscores the importance of insurance companies fulfilling their obligations under the policy and conducting a thorough investigation of claims. Policyholders who are facing an insurance dispute should seek legal assistance to protect their rights and ensure that they receive the coverage they are entitled to under their policy.

Thomas Elliott

Education: Brooklyn Law School, Brooklyn, New York. Pace University, White Plains, New York.
Professional Associations and Memberships: American Bar Association, New York State Bar, The Association of the Bar of the City of New York, Brooklyn Bar Association, National Academy of Elder Law Attorneys (NAELA).

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