Property Insurers Can Use the “Late Notice” Defense Even After Denying a Claim for a Different Reason

On May 21st, 2026, Insurance Business Magazine reported on a notable insurance appeal in Fort Lauderdale. In this case, the appellate court found that the insurer was still able to use the late notice defense when it had previously denied a claim on different grounds. What does this mean for you? Can a property insurance lawyer in Fort Lauderdale help you overcome challenges such as these?

A Property Insurer Does Not Waive Its Right to Use the Late Notice Defense After Denying Claim for a Different Reason

According to a recent decision by the Third District Court of Appeal, an insurance company does not waive its right to deny an insurance claim on late notice grounds if it had initially denied the claim for a different reason.

In other words, a policyholder might make a claim too late. When a property insurance company receives that claim, it may choose between various grounds for denial. If it chooses a reason other than late notice, it can still “fall back” on the late notice defense if the initial denial fails. This effectively gives property insurers a two-layered defense for late claims in Florida.

Why is this the case? According to the court, denying a claim due to a policy exclusion signals that the loss is not covered by the policy. Although this might seem like an obvious fact, it means that the policy never actually enters into the equation for the initial denial. If this denial fails, the insurer still retains the right to bring the policy into the equation and use a defense based on late notice.

That being said, the notice-notice defense must still be mentioned by the insurer reasonably early in the case. If the insurer “falls back” on this defense too late in the case, the court might reject it. This specific case involved an assignment of benefits, with the third party suing on behalf of a policyholder against the carrier.

How Late Is Too Late When Filing a Property Insurance Claim in Fort Lauderdale?

Generally speaking, you have one year to file a claim after the date of your loss. That being said, each insurer is slightly different. Every property insurer requires you to report damage “promptly,” and they may define this term in different ways. Generally speaking, sooner is better than later. If you have noticed damage, you should report it as soon as possible to your insurer.

Contact Our Fort Lauderdale Property Insurance Lawyers Today

At Fuxa & Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. If your property insurance claim was denied, we can help. For a free consultation, please call us today at (954) 990-5251. With an office in Sunrise, we represent policyholders in Broward County and throughout the state of Florida.

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