Homeowner’s insurance provides homeowners with coverage for various kinds of losses, including damage to their property. When a homeowner makes a claim for such damage, the insurance company will typically require the homeowner to complete and submit a Sworn Proof of Loss form.
A Sworn Proof of Loss form is a 1-2 Page document that provides a detailed account of the damages incurred by the homeowner, along with an itemized list of the costs associated with repairing or replacing the damaged property. This form will require that you sign or sometimes even notarize it.
Sworn Proof of Loss are important to the claims process, as it helps the insurance company determine the extent of the damage and the amount of money that needs to be paid out to the homeowner.
One of the most important aspects of the Sworn Proof of Loss form is that it must be submitted in a timely manner. The exact time frame may vary depending on the terms of the homeowner’s insurance policy, but it is typically 60 days from the date the request is made. Failure to submit the Sworn Proof of Loss form within the specified timeframe can result in the insurance company denying coverage.
Submitting the Sworn Proof of Loss form on time is also a prerequisite to filing a lawsuit against the insurance company. In other words, if a homeowner fails to submit the form within the required timeframe and the insurance company denies their claim as a result, the homeowner cannot file a lawsuit against the insurance company unless the insurance company has reached an independent basis for denying the claim.
It is important to note that submitting the Sworn Proof of Loss form does not guarantee that the insurance company will pay out the full amount of the claim. However, failing to submit the form on time can seriously jeopardize a homeowner’s ability to receive any compensation at all.
Timely submission of the Sworn Proof of Loss form is critical to a successful homeowner’s insurance claim. Insurance companies are for profit corporations, not charities. They look for any reason to limit and avoid coverage. Don’t give them an excuse to deny your insurance claim. By submitting the Sworn Proof of Loss form on time, homeowners can help ensure that their insurance claim is processed fairly and that they receive the compensation they are entitled to under their policy.
What happens if you’re past the 60 days?
Submit the Sworn Proof of Loss as soon as possible. We can fix the situation. In Goldberg v. Universal Prop. & Cas. Ins. Co., 302 So. 3d 919 (Fla. 4th DCA 2020) later affirmed in Martinez v. Universal Prop. & Cas. Ins. Co., 355 So. 3d 560 (Fla. 5th DCA 2023), the Courts ruled that is the Homeowner’s insurance carrier denied coverage due to reasons other than failure to produce the Sworn Proof of Loss then their coverage denial is the same as waiving that requirement.
If you or a loved one have received a Sworn Proof of Loss, and have concerns please call Quattrochi, Torres & Taormina, P.A. at (407) 452-4918 to receive a free claim evaluation. We will fight to recovered what you’re owed.