Common issues regarding sworn proofs of loss

Generally, insureds should endeavor to comply with all conditions and duties under their homeowner’s insurance policy, especially when the insurance company expressly requests that it be done. The requirement of providing a signed, sworn proof of loss, is not significantly different.  Therefore, the practice of timely returning an accurate, signed, sworn proof of loss is ideal.

A common letter that an insured will receive after having initiated a property insurance claim is a reservation of rights letter that may also contain requests for information and documents to be provided.

At times, this may come at, or near, the same time as the letter required by F.S. 627.70131, which states the following:

1)(a) Upon an insurer’s receiving communication with respect to a claim, the insurer shall, within 14 calendar days, review and acknowledge receipt of such communication unless payment is made within that period of time or unless the failure to acknowledge is caused by factors beyond the control of the insurer which reasonably prevent such acknowledgment…

F.S. 627.70131, then goes on to further state that:

3) Unless otherwise provided by the policy of insurance or by law, within 10 working days after an insurer receives proof of loss statements, the insurer shall begin such investigation as is reasonably necessary unless the failure to begin such investigation is caused by factors beyond the control of the insurer which reasonably prevent the commencement of such investigation.

Therefore, once the insured has complied with the insurance carrier’s request for submission of a signed, sworn proof of loss on the claim, it shifts the duty back onto the insurer to timely and fairly investigate the loss and render a proper coverage determination on the claim. In fact, the carrier has only 90 days to do this; which is a deadline that is routinely missed by carriers.

As always, having a proper understanding of applicable homeowner’s insurance coverage is key, including the requirement of providing a signed sworn proof of loss. But, if there is any confusion, the attorneys at Kowzan Law can assist in all phases of the property insurance claim matter.

We know the insurance company’s common tricks and how to avoid them. It is important to comply with legitimate requests of the carrier; but, unfortunately, some insurance companies have been known to use these “requests” to delay the matter, harass the insured and otherwise obtain information that is irrelevant to the claim at hand.

While it is important to comply with valid requests, it is also important to be aware that carriers earn profits through the repetitive denial of their customer’s claims; whether proper or not. Therefore, since the deck is oftentimes stacked against the homeowner from the outset, it is imperative that the information and documents submitted to the insurance company in support of the claim be as accurate, appropriate and helpful as possible, for the claim to have the highest likelihood of success. Generally, this would mean coverage under the policy is extended along with fair and adequate compensation being issued to the insured for the cost of repairing the associated property damage.

Kowzan Law is proud to assist our clients with these claim requirements and in totality, achieving success on their claim. While we pride ourselves in winning great results for our clients, our services also take the stress, uncertainty, and confusion out of the property claims process.