Know the Post-Loss Conditions / Obligations in Your Insurance Policy

Property insurance policies, in particular, contain what are known as post-loss policy conditions / obligations.  These are conditions / obligations (taking place after the insured experiences a loss or damage) that an insured is required to undertake or perform pursuant to his/her/its property insurance policy.  

Examples of post-loss conditions / obligations include without limitation:

  1. Timely notifying the insurer of the loss or damage;
  2. Submitting a sworn proof of loss;
  3. Submitting to an examination under oath requested by the insurer;
  4. Allowing the insurer access to inspect the property at the request of the insurer; and
  5. Submitting applicable documentation to the insurer at the request of the insurer.

The key is to know what post-loss conditions / obligations exist in your policy and make sure you know your rights regarding compliance with these conditions / obligations.  If you do not comply with these post-loss conditions / obligations, the insurer will argue that you forfeited rights under the policy. Don’t put yourself in this position.

 

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

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