CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, JANUARY 6, 2026

Insurer’s Late Notice Argument Fails Due to Lack of Prejudice

Hail in hands

Boerne UMC owned multiple buildings that were allegedly damaged during a hailstorm that occurred in May 2021.

December 30, 2025
Tred R. Eyerly - Insurance Law Hawaii

The court refused to dismiss the insured’s claim for hail damage based on late notice because the insurer failed to demonstrate it had suffered prejudice. Borene UMC v. Church Mut. Ins. Co., 2025 U.S. Dist. LEXIS 210767 (W.D. Texas Oct. 27, 2025).

Boerne UMC owned multiple buildings that were allegedly damaged during a hailstorm that occurred in May 2021. In August 2022, Boerne hired a contractor to inspect the roofs. The contractor found damage to several roofs and HVAC units and prepared an estimate for repair of over $700,000. Boerne submitted a claim to its insurer, Church Mutual on November 17, 2022.

Mr. Eyerly may be contacted at te@hawaiilawyer.com


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