Is Substantial Compliance with a Proof of Loss Enough?

Christina Phillips | Property Insurance Coverage Law Blog | November 2, 2017 The purpose of a sworn proof of loss is to enable the insurer to properly investigate the circumstances of a loss while the occurrence is fresh in the minds of the witnesses, to prevent fraud, and to enable it to form an intelligent… Continue reading Is Substantial Compliance with a Proof of Loss Enough?

Court Holds Statute of Limitations on Flood Claims is One Year From Date Proof of Loss is Denied

Charles Mathis – Property Insurance Coverage Law Blog – September 25, 2014 On September 15, 2014, United States District Judge, Faith S. Hochberg issued an Order in Kroll v. Johnson, which held the statute of limitations on Superstorm Sandy flood claims is one year from the date the insurance company denies the policyholder’s proof of… Continue reading Court Holds Statute of Limitations on Flood Claims is One Year From Date Proof of Loss is Denied

Recent Florida Case on Submission of Proof of Loss – Why is There Not a Fact Question for the Jury to Decide?

Shaun Marker – Property Insurance Coverage Law – September 2, 2014 Florida’s 4th District Court of Appeals (“4th DCA”), recently issued an opinion relating to compliance with post-loss duties in a property insurance case.1 The issue centered on whether the policyholder breached their duties under the insurance contract by not timely submitting a sworn proof… Continue reading Recent Florida Case on Submission of Proof of Loss – Why is There Not a Fact Question for the Jury to Decide?

Further Clarification of the National Flood Statute of Limitation and Proof of Loss

Ashley Smith – November 22, 2013 The flood proof of loss and statute of limitations has been discussed at length by Chip Merlin in previous blogs: Avoiding the National Flood Statute of Limitation Trap; National Flood Proofs of Loss – Video Blog. However, yesterday FEMA attempted to clarify the discrepancies with a bulletin directed at the… Continue reading Further Clarification of the National Flood Statute of Limitation and Proof of Loss

When Can an Insurer Reject a Proof of Loss in California?

Kenneth Kan – October 8, 2013 Yesterday Chip Merlin hosted a webinar on proof of loss issues specific to flood claims. An important takeaway from the webinar was that you have to be absolutely meticulous in completing the proof of loss form. One mistake on a flood proof of loss can jeopardize the claim. For… Continue reading When Can an Insurer Reject a Proof of Loss in California?

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