On May 21, 2024, in Bonsignore v. QBE Specialty Ins. Co., Case No. 1:23-CV-23812-PCH, the U.S. District Court for the Southern District of Florida granted an insurer summary judgment on a late-notice property insurance claim, ruling that an insured’s untimely notice prejudiced the insurer as a matter of law.

QBE Specialty issued an “all-risk” property insurance policy to the plaintiff, Nena Bonsignore, which covered the property that the plaintiff would later allege was damaged by water infiltrations from Hurricane Ian. The policy contained a condition to coverage that required the plaintiff to provide notice to the insurer or the insurance agent within 72 hours after the plaintiff knew or should have known about the loss or damage to the property.

The plaintiff alleged that the damage occurred on September 28, 2022. One day later, on September 29, 2022, the plaintiff’s daughter notified the plaintiff that the property had sustained damage during the hurricane. The plaintiff did not report the damage to the defendant until forty days had passed, on November 8, 2022.