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Delayed insurance claim could undermine homeowners’ lawsuit

Insurer refuses to cover roof damage from hailstorm

In July 2001, a roofing inspector informed the Ridglea Estate Condominium Association that the roofs on its property had suffered significant hail damage. Ridglea then submitted a claim to its insurance broker, Chubb Custom Insurance. Based on its inspection, Chubb informed the homeowner's association the damage must have been caused during a severe hailstorm on May 5, 1995. Chubb recommended submitting the roof repair claim of $449,199 to its insurer at the time, Lexington Insurance Co. Purchase Bob Bruss reports online. Lexington denied Ridglea's claim. Ridglea then sued Lexington, which pointed to the insurance policy that says an insured may not sue the insurer without first giving "prompt notice of the loss or damage" to the covered property. The insurance company argued that notice of the damage six years after the damage was not "prompt notice." Ridglea's attorney replied that Lexington had not waived its late notice defense and the notice clause in the policy is vague and a...

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