Case Law Wednesdays – Satisfying your Post Loss Obligations

Insurance policies typically contain post loss obligations that the insured must abide by before filing a lawsuit. Post loss obligations are conditions that the insured must perform after they have experienced a damage to their property. These obligations can include providing prompt notice of the loss, making reasonable repairs to protect the property, and/or providing a sworn proof of loss. A sworn proof of loss is a document that must be signed and notarized by the insured. This document contains information regarding the cause of loss, the title of the property, and the amount needed to repair the damages.

In Safepoint Ins. Co. v. Sousa [1], the insured sued Safepoint after her property sustained damages due to Hurricane Irma. Before filing suit, Safepoint requested a sworn proof of loss from the insured, as required by the policy. Although the insured provided testimony regarding the damages and the claim in an Examination under Oath, the insured did not submit a sworn proof of loss.

A few months later, the insured filed suit against Safepoint because their payment was not enough to cover the damages that the property had sustained. The Court stated that suit against the insurance company was premature because the insured had failed to comply with the post loss conditions contained in the policy. The court reasoned that it was well settled in Florida that all obligations had to be satisfied by the insured and that an examination under oath did not replace the requirement for the sworn proof of loss.

It is crucial that after you report a loss you are aware of your obligations. Your post loss obligations may be found in your policy or by going on your insurance company’s website. If you are unaware of your post loss obligations, you can always contact your insurance company to gain more information or seek the assistance of an attorney.

If you would like to discuss your post loss obligations, schedule a consultation with the experienced attorneys at Alvarez Law Group today. Call us at (786) 620-2820 or email to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. *

[1] Safepoint Ins. Co. v. Sousa, No. 3D18-1842 (Fla. 3d DCA April 17, 2019)

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