What Is a Proof of Loss in a Property Insurance Claim—And Why It Matters

Questions about filling your Proof of Loss

What Is a Proof of Loss?

A Proof of Loss is typically a sworn statement submitted by the policyholder to the insurance company, itemizing the scope and value of the claimed damages. In simple terms, it’s your formal demand for payment based on the policy coverage.

This document typically includes:

• The date and cause of loss

• A detailed inventory of damages or repairs needed

• The value of the claim

• Documentation supporting the valuation (estimates, receipts, photos, reports)

• The policyholder’s signature (and sometimes a notary seal)

It sounds straightforward—but depending on the jurisdiction and specific policy language, things can get complicated.

Sworn Statement vs. Notarization in a Proof of Loss

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Proof of Loss is a sworn statement, meaning the policyholder affirms under oath that the information provided is true to the best of their knowledge. While this sworn statement carries legal weight, not all insurance policies require it to be notarized.

It’s important to distinguish between the two:

• Sworn means the policyholder affirms the truthfulness of the statement under penalty of perjury or insurance fraud.

• Notarized means the statement is signed in the presence of a notary public, who verifies the identity of the signer.

Some policies include specific language requiring notarization, while others simply require a signed, sworn statement. Always refer to the conditions of your policy to determine what’s required.

A common version of the sworn statement included in Proof of Loss forms reads as follows:

“The said loss did not originate by any act, design, or procurement on the part of your Insured, or this affiant. Nothing has been done by or with the knowledge or consent of your Insured or this affiant to violate the conditions of the policy or render it void. No articles are included in this Proof or the attached schedules except those actually damaged or destroyed at the time of the loss. No property saved has been concealed in any way, and there has been no attempt to mislead the company regarding the extent of the damage. Any further information required will be furnished and shall be considered part of this Proof of Loss.”

This language reinforces that the policyholder is providing the information truthfully, with no attempt to mislead or conceal damages—important protections for both the insured and the insurer.

Is a Proof of Loss Always Required?

Not always—but it often is.

Many insurance policies list the Proof of Loss as a "condition precedent" to payment. That means your insurance company may not be obligated to pay your claim until this document is properly submitted. In some cases, the insurer won’t even begin processing the claim without it.

There are generally three common policy scenarios:

1. Mandatory within a time limit: Some policies require the Proof of Loss to be submitted within a set number of days (e.g., 60 or 90) from the date of loss or claim filing.

2. Upon insurer request: Other policies only require it if the insurance company formally requests it.

3. Implied or encouraged: Even when not explicitly required, it can still be a smart move to submit one—especially if the claim is delayed or disputed.

👉 Tip: Some insurers have their own required forms, while others allow more flexibility—as long as specific information is included.

Why Public Adjusters Often File a Proof of Loss

As public adjusters, we view filing a Proof of Loss as part of our responsibility to move your claim toward a payable status. In most cases, it puts the insurance company on notice that you’ve:

• Formally valued your loss

• Provided detailed documentation

• Made a legitimate demand for payment

  
  

In fact, our team often compiles hundreds of pages of documentation as part of the Proof of Loss package—estimates, photos, reports, and more—to support your claim comprehensively. This not only speeds up the process, but also protects your rights if disputes arise.

Sample Language to Protect Your Rights

Because submitting a Proof of Loss can sometimes limit your ability to supplement the claim later, it’s important to include reservation of rights language—if your policy allows it.

Here’s an example of wording we often recommend adding:

“The insured(s) reserve(s) all right(s) he/she/it/they may have under the insurance policy, including, but not limited to, supplementing the claim and/or filing additional Proofs of Loss, should cause arise. This Proof of Loss does not address hidden damages and does not include any unknown damages or complications or additional costs that may be associated with any repair/replacement of the damages to the insured(s)' property. If this Proof of Loss does not comply with the policy conditions, you are hereby instructed to inform the insured(s) within 15 days from the date of the Proof of Loss or any deficiencies will be considered waived.”

This type of clause is particularly useful in complex claims where additional damage may be discovered later—like hidden mold after a water loss, or structural issues behind drywall after a fire.

What Happens If the Proof of Loss Is Ignored?

Insurance companies are generally required to respond to a Proof of Loss within a reasonable timeframe—often defined by state law or internal claims standards.

For example, according to Merlin Law Group, if the insurer fails to respond, it may waive certain rights to contest the claim later. That’s why filing it early—and properly—can give you a stronger footing if the claim is delayed, underpaid, or denied.

Final Thoughts: Don’t Leave This Step to Chance

Filing a Proof of Loss may seem like a formality, but in reality, it’s a powerful tool in protecting your rights and getting your claim paid. Whether your insurer requests it or not, submitting one can move your claim forward and reduce the chances of a lowball settlement.

Need help preparing a Proof of Loss that covers your bases and strengthens your case? A licensed public adjuster can make sure it’s done correctly—often as part of a larger claim strategy aimed at getting you what you’re owed under the policy.

Need help with a Proof of Loss or delayed claim?

Our experienced public adjusters specialize in documentation, policy interpretation, and insurance negotiations. Contact us today for a free consultation.