Tag Archives: Post-Loss Duties

Post-Loss List Created Solely From Memory Can Satisfy the Insured’s Duty to Furnish an Inventory

When personal contents or business personal property are damaged or lost in a covered event, most policies require the policyholder to provide an inventory of the damaged or lost items to the carrier. But often, the carrier and the policyholder clash on the level of specificity required and whether the policyholder has submitted adequate proof … Continue Reading

Compliance with Policy Conditions After a Denial of Coverage

In Florida, an insurer’s denial of coverage constitutes a waiver of its right to require an insured to comply with policy conditions before filing suit.1 But, what if insured requests an insurer to reconsider its coverage denial before filing suit? Does the request to reconsider nullify the insurer’s previous denial of coverage requiring the insured … Continue Reading

Is Your Claim Too Late in Georgia?

Some losses are not as readily apparent to policyholders as a fire or significant water loss. The policyholder may not discover the damage until days, weeks or months after the loss occurred. This can often be the case for hail losses to roofs. However, when the policyholder gives notice weeks or months after the loss, … Continue Reading

Appellate Court Affirms Trial Court Order Compelling Appraisal for Supplemental Hurricane Claim

On Wednesday, Florida’s Third District Court of Appeal issued an opinion affirming a trial court’s order compelling appraisal of a homeowners’ supplemental Hurricane Katrina claim.1 The insureds, the Cardelles, had filed claims with State Farm after Hurricanes Katrina and Wilma in 2005. After each hurricane the insureds reported property damage to State Farm. They obtained … Continue Reading

What Are Homeowners’ Post-Loss Duties In Texas? – Texas Coverage Series

In a case recently decided in Texas, the insurance carrier prevailed against the policyholder when the appellate court found that the policyholder failed to adhere to its post-loss duties under a homeowner’s insurance policy.1 This blog entry examines the facts and holdings in the hope policyholders and professionals assisting them can avoid facing a similar … Continue Reading

Insurance Policy Conditions (a/k/a/ Land Mines): Part 18 – Who Is “You”?

My previous seventeen posts in this blog series have discussed what you are required (or not required) to do under various post-loss / pre-suit insurance policy conditions. This post discusses the extent of “you.” Is “you” just you, or does “you” include your spouse, your family members, your public adjuster, and others? Who is “you” … Continue Reading

Insurance Policy Conditions (a/k/a/ Land Mines): Part 12 – “Suit Against Us”

Most insurance policies contain a “suit against us” condition that usually reads along these lines: “No action can be brought against us unless the policy provisions have been complied with and the action is started within five (5) years from the date the loss occurs.” So, do pending requests (e.g., loss inspection or document production) … Continue Reading

The Gamesmanship Of The Property Insurance Claims Process…Yes You Have To Show The Insurer The Damaged Property, But You Also Have To Repair It Promptly

Insurance policies have certain provisions that must be complied with in a property insurance claim. These are called duties after loss, and if reasonably requested by the insurer, they must be complied with. Recently, an insurer in New York became involved in litigation over whether the policyholder had shown it the damaged property following a … Continue Reading

Insurance Policy Conditions (a/k/a/ Land Mines): Part 8 – Damage Mitigation

Most policies contain a post-loss condition requiring the insured to “[t]ake the following steps: (1) Protect the property from further damage; (2) Make reasonable and necessary repairs to protect the property; (3) Keep an accurate record of repair expense.” And most policies back that up with “reasonable repair” coverage like this: In the event that … Continue Reading

Insurance Policy Conditions (a/k/a/ Land Mines): Part 7 – Damage Inspection

Most policies contain a post-loss condition requiring the insured to show the insurer damaged property “as often as [the insurer] reasonably require[s].” It is rare to find a policyholder bothered by the fact that an insurance company over-inspected damages during claim adjustment. Sure, sometimes insurers request one inspection after another in an effort to exhaust … Continue Reading

In California, the “Notice-Prejudice” Rule Applies Even Where the Insured Fails to Provide a Proof of Loss

An insurer generally may not deny a claim solely because of an insured’s delayed notice of a claim "unless the insurer was substantially prejudiced thereby."1 Typically, the insurer will argue prejudice if the delayed notice impaired its ability to investigate a claim. But what if an insured gave timely notice of a claim, but failed … Continue Reading