Evidence of loss was a subject in my first speech to the National Association of Public Insurance Adjusters in Carmel, California, 1985. In general, if an insurance company timely requires proof of loss or if required by a policy, and the insurer does not waive the claim, a proof of loss must be provided.
So, what is the disadvantage of providing evidence of loss if required by an insurer? Usually nothing. What is the disadvantage of refusing to provide evidence of loss? Perhaps the entire requirement is lost. So, if an insurer correctly requests a proof of loss, provide evidence of loss.
A public adjustment firm and lawyers for the policyholder learned that evidence of loss is important in a decision issued this week. 1 In this case, the lawyers and the public adjustments for the policyholder refused to provide proof of loss before the application suit. The insurer moved to reject the measure to fail to do so, and then the lawyers on behalf of the policyholder made an assessment.
In the summary of evidence of loss, the policyholders' lawyers claimed the following: 2
] The idea that the lack of sworn proof of loss is essential to fulfill the conditions is nothing more than a red herring designed to unnecessarily delay these procedures. The information requested in a sworn proof of loss corresponds to the estimate given by the appellant to the complainant before the EUO.
The appeal court disagreed that a proof of loss is a "red herring" and was held: the court held that judgment and costume is too early when the insured has failed to comply with the homeowner's post-loss conditions. We have applied that principle through several hurricanes and the following requirements. See, for example, State Farm Fla. Ins. Co. v. Fernandez, 211 So.3d 1094, 1095 (Fla. 3d DCA 2017) ("It is well-resident in Florida that all post-clearance obligations must be met before a court of justice can exercise its discretion to force judgment."). The insured general description of the loss of her EUO does not constitute a "sworn proof of loss" in accordance with the policy, and the insured has not offered any reason not to file the public adjuster's specified notification report before, rather than after the EUO and trial.  All members of the Florida Association of Public Insurance Adjusters have heard me teach (after I demand that they listen) on a number of occasions that one of the first things to do is to determine if a proof of loss is a "requirement for evidence "or" time-limited. "Time-limit certificates should be submitted within a timeframe (question of extension if one cannot come in time) and The request forms must be submitted if required, and the forms provided by the insurance companies are sometimes not what is required by the policy. So read what the policy requires and provide a proper proof of loss.
Have a happy Easter weekend!
The thought of the day
Life is full of a thousand red herring, and it takes the story of a civilization to train like the red herons and which are not.
1 Safepoint Ins. Co. v. Sousa No, 3D18-1842, 2019 WL 1646100 (Fla. 3d DCA April 17, 2019).
2 Safepoint Ins. Co. v. Sousa no. 3D18-1842, 2018 WL 6575860 (Fla. 3d DCA, Appelle's response map).