Insurance Claim Denial Based on Untimely Proof of Loss
November 5, 2012
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.
