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The Rogak Report: 6 Dec 2010 ** Property Insurance - Late Notice **

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  • Lawrence
    INSUREDS 61-DAY DELAY IN NOTIFYING INSURER OF WATER DAMAGE IS FATAL TO CLAIM See Sandy Mercado v. American Security Ins. Co., 2010 NYSlipOp 33331 (Supreme
    Message 1 of 1 , Dec 6, 2010
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      INSUREDS' 61-DAY DELAY IN NOTIFYING INSURER OF WATER DAMAGE IS FATAL TO CLAIM

      See Sandy Mercado v. American Security Ins. Co., 2010 NYSlipOp 33331 (Supreme Court, New York County).

      An insured waited 61 days to inform its insurer of water damage on their property caused by frozen pipes.  Their excuse was that their own contractor had lost touch with them.  The Court held that it was unreasonable for the insureds to delay reporting the incident to their insurer while waiting for their out-of-touch contractor to surface again.

      Larry Rogak

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