12/18/2025
CONTRACTORS: Do Not TOUCH a Proof of Loss form.
A Proof of Loss isnât just some fill in the blank document. No contractor should be involved in using this form. This is one of the primary documents meant to supply the insurer with a sworn and notarized statement as to what the claim is for, how much is being claimed, and for when it happened.
I wonât address everything that can go wrong but hereâs just the major ones.
Keep in mind, knowingly presenting any false, incomplete, or misleading information can completely void the policy, coverage, and potentially land you (and your insured) some felony trouble.
Letâs start with the simple. Many of you believe wholeheartedly in âDate of Discoveryâ. Well, throw that out the window. When did it happen? Do you even have the right insurer or the right policy term that was in effect at the time of the loss? Are you just filing on the newest storm date or the accurate one? You need the DATE OF LOSS. Period.
Next⌠COVERAGE. What is the building limit? What is the O&L or ICC limits? How much total RCV is being claimed? Have you considered limitations in the policy that can decrease this RCV? What about the ACV and Depreciation that must be listed? Is the Depreciation Recoverable or Non-Recoverable? Whatâs the deductible? Did you mark Code/ICC in your estimates so you have the exact total of claimed amount owed under that coverage?
I know that most of you, if not all of you, donât put an ACV and Depreciation number in your estimates. Most of you donât even write one.
Letâs get into timelines. I have seen WAY too many insureds have their claims invalidated because they (and their contractor) waited past 30 days to submit the POL when it was demanded by the insurer. Guess what, thereâs a requirement for the insured to complete the form within a certain time limit otherwise coverage is: P**F. GONE.
Are you filling out the POL sent by the insurer or one youâre supplying to the insured? Best not be the latter.
Are you simply submitting the POL with the numbers prepared and put into the POL by the insurer or are you putting the full amount claimed? If using the insurers calculations, youâre having the insured agree thatâs what they are claiming.
What are you doing when the insurer demands the POL before any ACV funds are released?
Are you holding the insurers feet to the fire on the deadlines they have to accept/reject the POL from the insured?
The Sworn Proof of Loss is a demand by the insured as to the amounts payable under their policy. Most insureds almost never use this in a proactive way and virtually no contractor I know of can adequately or even legally help the insured determine their coverage to even come up with the numbers to put into the POL document.
If youâre doing this. Stop. If you need help, many PAâs and Attorneys can do this for free or for a nominal fee to ensure itâs done correctly.
Bottom Line:
If youâre a contractor and youâre filling out POLâs or coaching the insured on coverage, youâre not helping. Youâre exposing the policyholder to denials, opening yourself up to UPPA/UPL and you certainly donât have the E&O insurance to back you up for those mistakes.
Stay in your lane. Build the job. Let licensed PAâs & Attorneys adjust and advise. The law is clear on this.
Here's what we do every time:
1. Full investigation tied to the correct event, backed up with data.
2. Complete, defensible estimate and scope, including ACV/DEP/RCV/CODE.
3 Know your numbers before anyone files the claim.
4 Policy-compliant claim packageâand if a POL is strategically filed Day 1, itâs done by the insured with a licensed PA guiding the process, not a roofer with a notary. (Yes, proactive POLs can trigger timelinesâuse them correctly.)
Another spicy Monday morning post.
Enjoy.