fbpx

Understanding the Proof of Loss Requirement

Sep 27, 2017

After you file a property damage claim, you might receive a proof of loss request from your insurance company. A proof of loss is a statement made under oath that provides relevant information about the insured’s claimed property damage. This is not something you can ignore; Florida law requires policyholders to provide proof of loss information upon the insurer’s request. Note that insurers don’t always request this information. If they don’t ask for it, you don’t have to provide it.

However, the proof of loss request might be built into the terms of your insurance policy. In other words, a covered loss could automatically trigger the proof of loss requirement. In that case your policy might require you to submit a sworn proof of loss statement within 30 to 60 days after the damage occurs. The insurance company may decline to cover your losses if you don’t meet the specified deadline or provide the proof of loss upon request. Moreover, failure to submit a required proof of loss can preclude you from bringing a lawsuit against your insurer. That’s why it is important to understand the terms of your policy before a loss occurs.

Frequently Asked Questions About the Proof of Loss Requirement

Q: Why does my insurance company want a proof of loss?

A: There are two main reasons your insurer might request a proof of loss (POL). First, a POL is often used to acknowledge that the policyholder and the insurance company have reached an agreement on the holder’s claim. Second, a POL is used to explain in more detail what the policyholder is filing a claim for and the amount of the loss. It helps the insurance company investigate the claimed loss and uncover relevant evidence before it becomes unavailable.

Q: What happens if I include inaccurate information in my POL?

A: The POL is a sworn statement. If you include false or misleading information in a POL then you could be found guilty of insurance fraud.

Q: What if I can’t make the insurance company’s POL filing deadline?

A: Ask for an extension. Make this request in writing and be sure that the insurance company’s response is also in writing.

Q: What information should I include in my POL statement?

A: The insurance company could ask you specific questions. But relevant information might include the date, time and cause of the loss, the name(s) of anyone with a title interest in the property, detailed repair estimates, an inventory of the property that has been damaged, and receipts for expenses incurred because of the loss.

Q: Can the POL requirement be waived?

A: The Florida Supreme Court has held that an insurer who denies liability can waive its right to request proof of loss.

Let Us Help You with Your Case

The Florida attorneys at the Insurance Litigation Group (ILG) can help you comply with proof of loss requirements and help you successfully navigate the claims process. The attorneys at Insurance Litigation Group understand that you can’t afford to wait around while the insurer engages in its delay tactics. ILG is focused on achieving rapid results and engages in aggressive litigation for fast settlement or conclusion at trial where necessary. We are with you from the very start, explaining the terms of your policy and walking you through the claims process. Contact us today for a free consultation. We will make sure you that you comply with the terms of your insurance policy and help hold delinquent insurance companies accountable.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.70131.html

Our Offices

We are a client-focused law firm that fights aggressively on behalf of residential and commercial policyholders, contractors, restoration and mitigation companies, to produce maximum recovery results from insurance companies through our unique expertise, deep understanding of insurance law, cutting edge technology and proactive approach to litigation.

Insurance Litigation Group serves clients across the state of Florida. With over 5 offices statewide, our attorneys have the knowledge, skills and experience to resolve your dispute against the insurance company. 

By Appointment Only*

Contact Us

Translate Page »