The court found that an incomplete notice of the claim was insufficient to trigger coverage. Gray v. Fla. Peninsula Ins. Co., 2023 Flag. App. LEXIS 3406 (Fla. Ct. App. May 19, 2023).
Hurricane Irma damaged the insureds' roof when it struck on September 10, 2017. A Florida statute required that notice of a claim be given to the insurer within three years after a hurricane first made landfall or a windstorm caused the covered damage.
On September 10, 2020, the insureds submitted the first page of a letter of representation between themselves and their public adjuster to their insurer, Peninsula Insurance Company. The letter of representation made no reference to a claim for roof damage in any way. There was no feasible construction of the statute or policy language that could include what the insureds provided to their insurer.
The trial court entered final judgment for Peninsula. The Court of Appeals affirmed.