Will a Late Filed Proof of Loss Void Coverage? What About a Late Filed Proof of Loss in Georgia? | Property Insurance Coverage Law Blog


Late filed proofs of loss are handled in another way by state and federal regulation. Some are draconian, the place a proof of loss filed in the future late might void protection, as famous in Attention Public Adjusters: Urgent Reminder on Upcoming Deadline for National Flood Proofs of Loss. Some states require the insurer to show prejudice as famous in Late Filed Proof of Loss – Does Delay Result in Denial? 

How does Georgia deal with a late filed proof of loss? A Georgia federal case had a complete dialogue on the subject, suggesting {that a} late filed proof of loss might not essentially stop restoration relying on the circumstances:1

“Defendant’s agent offered three sworn proofs of loss to Plaintiff on July 17, 2017. On July 21, 2017, Plaintiff despatched Defendant edited proofs of loss that included further quantities Plaintiff believed had been lined by the Policy. Defendant rejected the edited proofs of loss on August 5, 2017. In so doing, Defendant famous that ‘any altered document will be rejected.’ Thus, as a result of Plaintiff didn’t agree with the whole quantities offered within the proofs of loss ready by Defendant and Defendant wouldn’t settle for edited paperwork, Plaintiff’s solely alternative was to proceed to work with Defendant to come back to a decision concerning the proper loss quantity. The undisputed document proof demonstrates that Plaintiff tried to speak with Prislupsky and despatched a number of emails asking concerning the standing of its declare and whether or not Defendant wanted any further info. In distinction to Plaintiff’s steady makes an attempt to have interaction Defendant, Defendant ceased all communications with Plaintiff after Prislupsky’s August 28, 2017 e mail.

Plaintiff has proven a real concern of fabric reality as as to whether its failure to offer the proofs of loss is excusable. The info reveal that Plaintiff actively engaged and cooperated with Defendant to achieve an settlement concerning the whole quantity of varied classes of losses. Defendant rejected Plaintiff’s informally edited proofs of loss and ceased communications with Plaintiff earlier than the events reached an settlement. This set of info stands in stark distinction to the circumstances Defendant cites, the place abstract judgment was granted in favor of insurers when insureds failed to offer proof of loss. See Cagle v. State Farm Fire & Cas. Co., 236 Ga. App. 726, 727, 512 S.E.second 717 (1999) (insurer offered insured with private property stock types for insured to finish and contacted insured about types a number of occasions to no avail); Buffalo Ins. Co. v. Star Photo Finishing Co., 120 Ga. App. 697, 701-03, 172 S.E.second 159 (1969) (insured didn’t present discover of loss till insured’s demand for cost, which was made three days previous to submitting swimsuit and 6 days previous to expiration of the 12-month coverage limitation for bringing swimsuit). Here, the info counsel that Defendant, not Plaintiff, prevented the declare from transferring ahead. Therefore, a jury should determine whether or not Plaintiff is excused from failing to offer the proofs of loss for Business Personal Property and Business Income/Extra Expenses. Fremichael v. Doe, 221 Ga. App. 698, 701, 472 S.E.second 440 (1996) (holding that ‘whether there was justification for [insured’s] failure to submit a sworn assertion [is an] concern[ ] for dedication by a jury’).”

Brandon Lewis offered on the Georgia Association of Public Insurance Adjusters (GAPIA) and famous that many private strains insurance policies require submitting a proof of loss inside sixty days. His correct recommendation was to do all the pieces attainable to offer that proof of loss inside the timeframe or acquire an extension. He instructed offering as a lot documentation as attainable, be as correct as attainable, and no less than present a supported gross measure of loss within the proof of loss that may be defined,  

Proof of loss necessities are an vital post-loss obligation that should all the time be fastidiously learn to find out if there’s a time-frame requirement. The finest follow is to offer a proof of loss on time or acquire an extension in writing by a certified particular person. Georgia is a state that appears to permit some wiggle room to keep away from a well timed submitting of a proof of loss, however the very best follow is to keep away from the scenario altogether. 

Thought For The Day

Better three hours too quickly than a minute too late.

—William Shakespeare

1 Crazy Cuban, LLC v. AmGUARD Ins. Co., 437 F.Supp.3d 1261 (N.D. Ga. 2020).


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