Monday, March 14, 2022

Storm Damage Claim Dismissed Due to Lack of Prompt Notice to Carrier

In the case of Oneida Plaza, LLC, v. Ohio Security Ins. Co., No. 2:20-CV-04485-AB (E.D. Pa. Jan. 27, 2022 Brody, J.), the court granted an insurance company’s Motion for Summary Judgment in a property owner’s breach of contract claim arising out of storm damage.

According to the Opinion, the insured reported the claim to the carrier approximately eight (8) months after the damage allegedly occurred.

The court in this matter granted the carrier’s Motion for Summary Judgment which was based upon the carrier’s denial of coverage due to the Plaintiff’s failure to promptly report the claim.

The court found that the Plaintiff’s delay of eight (8) months in reporting the claims was unreasonable as a matter of law.

Anyone wishing to review a copy of this decision may click this LINK.  The Order can be reviewed HERE

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Feb. 24, 2022).

Source of image:  Photo by Alex Andrews from

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