Insurance companies in Florida receive thousands of property damage claims each year. To expedite the claims process and efficiently adjust the loss, property insurance policies require insureds to comply with specific post-loss obligations. One such obligation is the requirement that an insured complete a sworn proof of loss. A sworn proof of loss is a statement completed by an insured under oath which provides information relevant to the alleged damage to the insured's property. Most policies require an insured to complete a sworn proof of loss shortly after the loss occurred (e.g., within 30 to 60 days of the loss). Put simply, the sworn proof of loss requirement allows the insurer at the onset of a claim to receive information pertaining to the loss.
A legal issue arises when an insured suffers a loss, but fails to comply with the sworn proof of loss requirement. In two recent decisions, the Florida Fourth District Court of Appeal established a bright-line rule regarding an insured's failure to submit a sworn proof of loss when bringing litigation against the insurer. Viewed together, these cases hold that if an insured files suit against an insurer...
