| Carrier | Heritage Property & Casualty Insurance Company |
|---|---|
| Arguments used | Late notice |
| What happened next | Civil Remedy Notice filed with Florida's Department of Financial Services, which opens a 60-day window for the insurer to cure. |
Two grounds, and the second is heavier than the first. Notice was not prompt. And, the letter says, no factual information at all has been provided to support the claim.
Hurricane Irma made landfall in September 2017, and this filing is dated 2023. Long-delayed hurricane claims are common in Florida and they are the hardest to prove, because the roof has weathered six more years and any storm in between becomes an alternative explanation. Section 627.70132 sets the statutory notice window and the case law adds the prejudice question on top of it.
But the burden the letter describes is a burden that can be met with documents that exist. Dated photographs, contractor invoices, the mortgage servicer’s inspection records, and the recorded wind and gust history for the address on September 10, 2017. A statement that nothing at all has been provided is a description of the file as it stands, not a ruling that nothing could be.
Florida DFS Civil Remedy Notice, filing no. 676693, accepted 2/21/2023, Lake Worth. The filing is not the letter: the passage below is the denial letter's own language as the policyholder quoted it, where the letter states the insureds had failed to prove the damages were the result of Hurricane Irma. · public record ↗
Quotes are verbatim from the cited public record. Case status and statute summaries drafted August 2026; verify against the current docket and statute. Not legal advice; consult an attorney about your specific claim.
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