Suffering damage to your home is overwhelming. It is your biggest asset and provides security for you and your family. Nobody wants to worry about their home’s integrity, wellbeing, or the finances needed to restore the property to pre-loss shape. If you believe your home was damaged by a storm or another loss covered by your homeowners insurance, it is crucial to review your policy and understand your contractual duties after a loss. Below is a summary of common duties homeowners are obliged to comply with under their insurance policies.
- Promptly notify your insurance company of loss – Report the damage to your insurance carrier as soon as you are aware of damage to your property. We recommend having a licensed contractor inspect your property shortly after a storm to provide a professional opinion regarding the scope of any damages. Insurance companies are notorious for denying coverage on the basis of a homeowner’s failure to promptly report the claim. There are a number of legal defenses to this, but it is a best practice to inform your carrier of damages as soon as possible to avoid the issue altogether.
- Protect the property from further damages – Ensure your damages do not grow or worsen over time. This may include placing tarps over holes in your roof and remediating water and mold damages. Talk to a contractor about making temporary repairs that may be required, and document the damages so your insurance company covers them.
- Show the damaged property to the insurance company – Allow your insurance company to inspect your property as requested. Make sure you have an attorney present for the inspection to fully protect your rights and ensure your insurance’s agent conducts a proper inspection.
- Provide records and documents to the insurance company – The insurance company may request documents such as photographs of the property, invoices for prior work performed on the property, and providing estimates and inspection reports as available.
- Submit to a recorded statement or examination under oath – An adjuster or attorney for your carrier may have you sit for questions regarding your property and the damages it sustained. It is important to have a lawyer present for any statements given to protect your rights and advocate for you.
- Provide the insurance company with a sworn proof of loss – Your insurance company may have you sign and notarize a form detailing the nature of the loss, exact damages, and facts about your property. Talk to an attorney about how to comply with this sworn document.
Your insurance policy may require you to comply with further provisions in addition to those noted above. Fulfilling these duties after a loss is critical to ensuring you qualify for coverage. Should you have any questions or concerns regarding your duties, we are happy to review the terms of your policy with you and help you navigate the process. We will fight for your rights if your insurance carrier wrongfully claims you breached your duties under your policy.
Patrick Cassady, Esq.
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