Multiple Proofs of Loss Requested

August 4, 2010

Our insured was asked to submit a proof of loss. They did and the adjuster rejected it on the grounds that he disputed the values. Additional discussions and estimates followed increasing the value of the claim over that which was noted on the 1st proof of loss.

 

The adjuster has asked the insured to submit a second proof of loss. The claim has become adversarial and the adjuster has threatened the insured with an EUO. Having complied with the initial request for a proof, does the carrier have the right to ask for additional proofs? How often and under what circumstances are multiple proofs of loss permitted to be requested by the carrier?

Massachusetts Subscriber

The policy has no language regarding the number of proofs of loss a carrier may ask for; the duties after a loss simply state that within 60 days of the carrier's request the insured submit a signed, sworn proof of loss which to the best of his ability states the nature of the loss, date, values, inventory of damaged property, etc. If the adjuster disputes the values, I don't see what another proof of loss is going to do; he's trying to artificially force the insured to adjust his claim. An appraisal would be proper in this situation, as either party has the ability to request one if the carrier and the insured fail to agree on the amount of the loss.

 

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