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The Importance of a Proof of Loss

Most insurance policies require you to cooperate with the insurance company in the investigation of your claim, and that usually includes requiring the insured to submit a proof of loss. A proof of loss normally provides detailed information about the type of damage that occurred, which covered items are included in the loss, the stated value of the property involved, and the total amount of the claim. The proof of loss usually will have to be turned in within a certain period of time; however policies may vary. It is vital that you read the documents your insurance company sends you so that you don't discard them by accident. Sometimes the insured simply thinks that the insurer is sending them meaningless paperwork and as a result you miss a necessary deadline that may later impact your case. If you don't understand this paperwork or simply have questions regarding the documents, please contact a competent lawyer who may be able to assist you.

Turning in a sworn proof of loss statement is important because if you don't, your claim may be denied and you may later not be allowed to sue your insurer. A sworn proof of loss is a condition precedent to your ability to bring a lawsuit against your insurer. The proof of loss provision in your insurance policy discusses this in some detail but so many people are unaware that such a condition exists. Almost every type of property insurance requires a proof of loss, whether it's auto insurance or homeowners insurance or another type of insurance. Contact our firm to assist you in not allowing the insurance company to engage in tricky litigation tactics in order to potentially save themselves from paying on your valid insurance claim.

If you do fail to turn in a proof of loss within the allowable time period or at all then all is not lost. In Florida, the failure to file a proof of loss is not a material breach. Therefore, an experienced insurance lawyer may be able to prove that the insurance company was not prejudiced by your failure to submit a proof of loss form. If the insurance company was not hampered in their investigation of your claim without the proof of loss then you may be allowed to sue your insurer.

Our Miami-based insurance law firm has helped many individuals and families fully realize their claims against their insurance providers and be compensated fairly for their loss; compensation that they are entitled to. We stand ready and willing to help you do the same. Our lead attorney, Luis Mena, has more than 15 years of experience in the insurance industry and is honored to have been selected for inclusion in the Super Lawyers® Rising Stars℠ list multiple times in addition to being rated "AV" by his peers for his legal ability and ethical standards. Prior to filing a claim on your behalf, we will take the time to review your insurance policy, answer any questions you may have, help you gather the evidence necessary to document your claim and then assist you in completing each step of the claim process. Please get in touch with Mena Law Firm now to fully analyze your claim.