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Proof of Loss Requirements for Louisiana Homeowners Insurance Claims

Posted on Jul 24, 2024 in Insurance

When homeowners in Louisiana face property damage, filing an insurance claim can be complex and stressful. One critical step in this process is submitting a Proof of Loss (POL) document, also called a “sworn statement in proof of loss.” This article demystifies the POL requirements in Louisiana, providing homeowners with essential information to ensure their claims are processed accurately and efficiently.

What is a Proof of Loss?

  A Proof of Loss is a formal document required by insurance companies that details the damage's extent, the loss's value, and the supporting evidence. This document, signed under oath, serves as the policyholder’s sworn statement of the amount being claimed and the details of the loss. It’s a crucial step in the insurance claims process, as it helps the insurer evaluate and settle the claim.

Louisiana’s Proof of Loss Requirements

Louisiana law particularly protects policyholders, offering liberal Proof of Loss requirements to ensure fairness. While insurance policies may stipulate specific timelines and detailed requirements for submitting a POL, Louisiana courts have established flexible standards to prevent insurers from unfairly denying claims.

Submission Deadline

Policies often require a POL to be submitted within a specified period, typically 60 days after the loss. However, Louisiana courts recognize a more flexible approach, stating that strict adherence to these deadlines may only be necessary if the insurer receives sufficient information to act on the claim.

Content of the Proof of Loss

Insurance policies may be specific or vague about what must be included in a Proof of Loss.  Louisiana’s laws are very liberal here.  Louisiana’s liberal requirements are explained well by Scott Wolfe in the ClaimSpot Proof of Loss Guide:

It does not need to be formal — a handwritten estimate, personal property inspection by an insurance adjuster, or even allowing the adjuster to inspect when the adjuster fails to do so have all been judged “satisfactory” in Louisiana courts. As stated in Lamar Advertising v. Zurich (2020), “Satisfactory proof of loss is a flexible standard that means the insurer must receive sufficient information to act on the claim.” It remains a best practice to submit a Proof Of Loss form, but Louisiana's requirements are very flexible.

 

While this is the case, generally speaking, it’s a best practice to create and submit a Proof of Loss document, which includes some of this basic information about the loss and claim:

• Date and time of the loss
• Description of how the loss occurred
• Policyholder’s interest in the property
• Other parties with an interest in the property (e.g., mortgagees)
• Detailed inventory of damaged property
• Estimates for repair or replacement costs

Furthermore, it’s a good practice to include supporting documents such as receipts, photographs, videos, and contractor estimates. These documents provide evidence of the loss and support the amounts claimed in the POL. While it may not be necessary for the proof of loss form itself, it’s critical to the claim’s success that policyholders document their losses. Finally, the policyholder must sign the POL document, and ideally notarized. This adds a level of formality and legal weight to the statement.  

Common Mistakes to Avoid

Submitting a POL is a straightforward process, but there are common pitfalls that homeowners should avoid:

1. Missing the Deadline: Failure to submit the POL within the required timeframe can result in the claim being denied. Ensure you know the deadline and meet it.
2. Incomplete Information: Providing complete or accurate information can ensure the processing of your claim and result in a reduced settlement. Be thorough and precise.
3. Lack of Documentation: Include adequate supporting documentation to strengthen your claim. Collect and submit all relevant documents to substantiate your loss.

How to Submit a Proof of Loss

Here are the steps to submit your POL in Louisiana:

1. Gather Documentation: Collect all necessary documents, including photos, receipts, and repair estimates.
2. Complete the Form: Fill out the POL form accurately, including all required information.  Here is a Free Louisiana Proof of Loss Form.
3. Notarize the Document: Sign the form in the presence of a notary public to have it notarized.
4. Submit the Form: Send the completed and notarized form to your insurance company. It’s advisable to use certified mail or another method that provides proof of delivery.

Conclusion

Navigating the Proof of Loss requirements can be challenging, but understanding the process and adhering to the guidelines can significantly impact the outcome of your claim. By submitting a thorough and timely Proof of Loss, you can ensure that your insurance claim is processed efficiently, helping you get back on your feet more quickly after a loss.  

Disclaimer: This content is for informational purposes and does not constitute legal advice. For personal legal guidance, please consult a qualified attorney.