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August 14, 2009

Give Timely Notice of a Claim or Loss to Your Insurance Company

Timely notice of a claim or loss is a requirement under almost every insurance policy.  Unfortunately, policy holders sometimes fail to notice their insurance company of a claim or loss, timely.  Do not wait to give notice to your insurance company because doing so may allow the insurance company to deny coverage based upon late notice.  

In Missouri, an insurance company must show late notice and prejudicial effect as a result of the late notice.  Late notice alone cannot result in disclaimed coverage, however it is difficult to tell what events may arise in between the time of the claim or loss and the delay in notice that may occur that could result in actual prejudice to the insurance company.  Since evidence, witnesses, and circumstances change, it is impossible to adequately protect yourself fully if you do not give timely notice to your insurance company. 

When providing notice, it is fine to contact the company by phone; however, it is strongly suggest that you follow up the notice in writing. Some policies have very general notice requirements and any notice to the company will suffice. However, some notice provisions require that notice be sent to a specific address.  The general recommendation to follow is that phone notice should be given shortly after the event, followed by written notice to the company as well as the broker or agent.