My Red Bank colleague, Dan Ballard, and I recently gave a presentation about Misrepresentations & Mistakes at the 2020 Fall Conference of the Professional Public Adjusters Association of New Jersey (PPAANJ). During that presentation, I discussed New York case law providing that a homeowners insurance policy may be voided if the insured willfully and fraudulently places in the proof of loss a statement of property lost which the insured did not possess, or places a false and fraudulent value upon the articles which the insured did not own.
Continue Reading Incorrect Information Within Proof of Loss Not Enough To Void Insurance Policy

Hurricane and Tropical Storm Eta has left a flood claims hangover from Florida throughout the Carolinas. Since the National Flood Insurance program administrators appear to be stingy and failing to watch out for their fellow Americans by not granting flood proof of loss extensions, policyholders need to get started properly filing their claims right away.
Continue Reading Storm Eta Leaves a Flood Claim Hangover and Do Not Forget Lake Charles — Tune In For Friday at 2 PM

In recent weeks we have been hosting seminars and community events in Lake Charles, Louisiana to educate policyholders of their potential rights and obligations under their insurance policies. Along with the concern that most insureds do not yet have a copy of their full policy—including all forms and endorsements—to guide them through the process, is that those insureds who do have copies of their policies may be misled by the standard terms and provisions of their policies.
Continue Reading Louisiana Catastrophe Related Deadlines Extensions: Filing Proof Of Loss and Replacement Cost Coverage

In New York they can! I’ve fielded many calls from public adjusters who are worried their client will be waiving their rights to further pursue insurance proceeds if they sign the proof of loss sent by the insurance carrier or cash the check issued by the carrier. The short answer to those questions is…it depends.
Continue Reading Can an Insurance Company Include a Release in a Proof of Loss Form?

(Note: This guest blog is by Kathryn Ray, a Summer Law Clerk in our Tampa office)

When sustaining property or casualty damage and after filing a claim with an insurance company, the insurance company may then request a proof of loss. A proof of loss is defined as “a policyholder’s statement of the amount of money being requested, signed to and sworn to by the policyholder with documentation to support the amount being requested.”1 In New York, if an insurance company gives the insured a written notice, after a loss, requesting a proof of loss the insured shall then have 60 days after receiving this notice to comply with the insurance company’s request.2 This compliance period to provide the insurance company with a proof of loss may also be longer than 60 days if the insurer specifies so in their written notice.3
Continue Reading Misrepresentations and Proofs of Loss in New York

In Northgate Country Club Management, LLC v. Philadelphia Indemnity Insurance Company,1 the Honorable Sim Lake, Senior Judge for the United States District Court for the Southern District of Texas, reaffirmed this past week the critical rule that in a FEMA flood case, the requirement for a policyholder to file a proof of loss cannot be waived even by a carrier that participates in a claim. With the hurricane and tropical season upon us along the Gulf Coast, a reminder of this mandatory rule is relevant.
Continue Reading Can the Proof of Loss Requirement Be Waived in a Flood Case?

In litigation, this type of question can come up more than one might imagine. For example, in response to a Complaint, an insurance carrier may allege that an insured failed to attend an Examination Under Oath (“EUO”) or submit a sworn proof of loss, only to later discover that no such request had ever been made. Florida’s Third District Court of Appeal addressed this very issue in First Home Insurance Company v. Fleurimond.1
Continue Reading When is an Insured Required to Attend an EUO or Submit a Sworn Proof of Loss?