Public Adjusting
Duties after Loss

Action items you, the policyholder, must comply with BEFORE
your Insurance Company has any obligation under the policy.

Duties After Loss

If you have suffered a property damage loss to your Home, Business, or HOA,
there is a crucial part of your Insurance Policy that you should pay extra attention to, besides what it covers.

This section can have several different titles but are most commonly referred to as:

  • Duties After Loss
  • Post Loss Conditions
  • What You Must Do After a Loss
  • What Must Be Done in Case of Loss or Occurrence

No matter what the section is titled, what we will refer to as the Duties After Loss are a list of items that you, the policyholder MUST comply with BEFORE your Insurance Company has any obligation under the Insurance Policy.

The below examples from an Insurance Policy highlight the importance of this section of your policy:

Duties After Loss

In case of a loss to covered property. these duties must be performed either by you,
an “insured” seeking coverage, or a representative of either.

We have no duty to provide coverage under this section if you, an “insured” person,
or a representative of either fail to comply with items a) through g) above,
and this failure to comply is prejudicial to us.

Suit Against Us or Action Against Us sections of Insurance Policies specify the amount
of time you have to file a lawsuit against your Insurance Company (which varies by
policy and your State) continue to highlight the importance of complying with your 
Duties After Loss – Post Loss Conditions.

**NOTE. Sometimes the time to file suit against your Insurance Company can be
extended in writing, allowing additional time to resolve your claim without
filing a lawsuit. We believe best practice is to have the agreement
signed at least 30 days prior to the time allowed in your state.

Suits Against Us

No one may bring legal action against us under this coverage unless:

a. All of the terms of this policy have been complied with; and
b. The suit has been brought within one year of the date of loss.

What Are Your Duties After Loss?

Your Duties After Loss may vary in every Insurance Policy, however, they are generally very similar.
Below is a recreation of a Duties After Loss section from an Insurance Policy.

  1. Give prompt notice to us or our agent;
  2. Notify the police in case of loss by theft;
  3. Notify the credit card or electronic fund transfer card or access device company in case of loss as provided under
  4. Protect the property from further If repairs to the property are required, you must:
    1. Make reasonable and necessary repairs to protect the property; and
    2. Keep an accurate record of repair expenses;
  5. Cooperate with us in the investigation of a claim;
  6. Prepare an inventory of damaged personal property showing the quantity, description, “actual cash value” and amount of Attach all bills, receipts, and related documents that justify the figures in the inventory;
  7. As often as we reasonably require:
    1. Show the damaged property;
    2. Provide us with records and documents we request and permit us to make copies; and
    3. Submit to an examination under oath, while not in the presence of any other ‘insured’, and sign the same;
  8. Send to us, within 60 days of loss your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief:
    1. The time and cause of loss;
    2. The interest of the “insureds” and all others in the property involved and all liens on the property;
    3. Other insurance that may cover the loss;
    4. Changes in title or occupancy in the property during the term of the policy;
    5. Specifications of damaged buildings and detailed repair estimates;
    6. The inventory of damaged personal property described in 6.Above;
    7. Receipts for additional living expenses incurred and records that support the fair rental value loss; and
    8. Evidence or affidavit that supports a claim under credit card or electronic fund transfer card or access device SECTION 1 – PROPERTY COVERAGES, stating the amount and cause of

While items 1-7 from above are important, item 8 your Signed Sworn Proof of Loss carries extreme importance. While many Insurance Policies state this document is due within 60 days of the loss, some say it’s due within 60 days of their request which creates several issues.

  1. The submission of your Signed Sworn Proof Of Loss is what triggers the timeclock in your state for your Insurance Company to;
    1. Investigate your claim.
    2. Determine a coverage decision.
    3. Pay your claim.

It is imperative that your Insurance Carrier is allowed the appropriate time to investigate your claim prior to demanding appraisal or filing suit if they become necessary.

  1. The submission of your Signed Sworn Proof Of Loss is what triggers your Insurance Carrier’s timeframe to invoke their Option To Repair (use their own contractors to complete the work according to their own scope of work).
  2. The submission of your Signed Sworn Proof Of Loss is what triggers Prompt Payment interest if your state has those
  3. Many policies that state the Signed Sworn Proof Of Loss must be received within 60 days of “their request” will also say under Loss Payment or similar heading that they will pay for covered loss within 30 days after we receive the sworn proof of loss, provided you have complied with all of the terms of this policy, and: (1) We have reached an agreement with you on the amount of loss, or (2) An appraisal award has been made.

Your Duties After Loss or Post Loss Conditions must be completed by you the insured or your representative. If you need a representative to perform your duties, your options are either a licensed Public Adjuster or a Policy Holder Attorney.

New Hope Claims are Public Adjusters who solely work for you, the policyholder, and represent your interests. We are claim experts on property losses who assist you in performing your Duties After Loss and fight for a fair settlement based on the damages and coverage(s) available in your Insurance Policy.

Contact us for a free claim review and let us assist you with your Duties After Loss.