Late Hail Notice and a Request to Change the Storm Date
A Billings homeowner reports a hail claim on August 12 for a storm that occurred on April 3. The roof is 17 years old, and the insurer's inspection finds granule loss and bruising on the south slope but also pre-existing mechanical damage and worn shingles. The policy requires notice 'promptly' and suit within two years. The insurer sends a reservation-of-rights letter citing late notice and asks for a recorded statement. The homeowner tells the public adjuster, 'Just tell them the storm was in June-I need this paid; my deductible is $6,800 and I can't afford a new roof.' The public adjuster has weather reports confirming hail on April 3 and June 22, both with stones large enough to damage roofs.
1. How should the public adjuster respond to the insured's request to change the date, and why?
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Refuse. Changing the reported storm date is a material misrepresentation in a claim and can constitute insurance fraud, expose the insured to denial and criminal referral, and subject the public adjuster to license discipline. The adjuster should explain that weather records confirm hail on both April 3 and June 22. The correct approach is to inspect and determine which event caused which damage. If the June storm caused covered damage, submit a separate, truthful claim for that date; if the damage is from April, report April and address late notice directly. The adjuster should document the insured's request and the refusal in the file, and should not prepare a statement or proof of loss that contains a false date. The $6,800 deductible and the insured's financial pressure do not justify fraud.
2. What investigation steps should the adjuster take to overcome or evaluate the late-notice defense?
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First read the policy's notice, cooperation, and suit-limitation provisions and the reservation-of-rights letter. Establish when the insured first observed the damage and why notice was delayed. Obtain dated weather reports for both storms, photographs, contractor inspection reports, and an engineer's opinion separating hail damage from pre-existing mechanical damage and worn shingles. Preserve the roof or samples before repair. Ask the insurer in writing what prejudice it suffered from the delay; late notice is not automatically a complete defense in every Montana context, but the policy condition still matters. Provide a written statement with the evidence and demand a coverage decision. If the insurer denies, request the specific policy language and consider appraisal for amount disputes. Do not promise the insured that late notice will be excused.