Yearly Archives: 2026

Court Finds Late Notice an Absolute Bar to Coverage in Property Claim

In Deja Realty Corp. v. Travelers Indemnity Company of America, 2026 WL 683303 (S.D.N.Y. 2026), the United States District Court for the Southern District of New York granted summary judgment to the insurer, holding that the insured’s year-long delay in providing notice of property damage violated the policy’s condition precedent requiring “prompt notice.” Because New York law does not impose a prejudice requirement in the context of first party property policies, the Court concluded that the insurer’s coverage obligations were extinguished as a matter of law. About The Authors

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Court Says Ensuing Loss Requires More Than Increased Susceptibility

In Stella Property Development and Event Production, LLC v. Auto-Owners Insurance Company, 2026 WL 221489 (W.D. Pa. 2026), the United States District Court for the Western District of Pennsylvania denied summary judgment as to the applicability of the subject property policy’s (i) wear and tear and (ii) inadequate maintenance exclusions, holding that those issues were to be resolved by the factfinder rather than decided as a matter of law. However, the Court further held that if (i) wear and tear and (ii) inadequate maintenance were ultimately found to be dominant and efficient causes of the roof damage, the ensuing loss clauses would not reinstate coverage because those excluded conditions merely increased the roof’s susceptibility to wind damage, rather than resulting

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About The Property Insurance Law Observer

For more than five decades, Cozen O’Connor has represented all types of property insurers in jurisdictions throughout the United States, and it is dedicated to keeping its clients abreast of developments that impact the insurance industry. The Property Insurance Law Observer will survey court decisions, enacted or proposed legislation, and regulatory activities from all 50 states. We will also include commentary on current issues and developing trends of interest to first-party insurers.

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