Insurance Claim Denial Based on Untimely Proof of Loss

By November 5, 2012 October 25th, 2018 Insurance Blog, Larry Arnold

 

Larry Arnold

In the recent case, Henderson v. Farms Group, Inc. (2012) D.J.D.A.R. 14801, the Court was confronted with the question of whether an insurer could deny a claim based upon an insured’s failure to file a proof of loss within the time limits required by the policy.  The Court found, in accordance with prior case authority, that an insurer cannot deny a claim for failure to timely file a proof of loss absent substantial prejudice.