Duties After Loss: What You're Required to Do

Your Policy Comes With Obligations

When you file an insurance claim, your policy does not just require the insurance company to pay for covered losses — it also requires youto fulfill certain duties. These are typically found in a section of the policy labeled "Duties After Loss" or "Conditions." Understanding these duties and complying with them is important to protecting your claim.

The Key Duties

Duty to Protect Property From Further Damage (Duty to Mitigate)

One of the most important — and most immediate — duties after a loss is your obligation to take reasonable steps to protect the property from further damage. This is sometimes called the "duty to mitigate." You are expected to act promptly to prevent additional harm that would increase the amount of the loss. Common examples include:

• Tarping a damaged roof to prevent rain from causing additional water damage to the interior
• Stopping a water leak by shutting off the water supply or making emergency plumbing repairs
• Boarding up broken windows and doors to secure the property against weather and unauthorized entry
• Removing standing water to prevent further saturation, mold growth, and structural damage

Reasonable expenses you incur to protect the property from further damage are typically reimbursable under the policy. Keep all receipts for materials and services related to these emergency measures. However, the duty to mitigate does not require you to make permanent repairs — it requires reasonable, temporary steps to prevent the damage from getting worse.

Duty to Report the Claim Timely

Your policy requires you to notify the insurance company of a loss as soon as reasonably possible. This does not mean you must call within minutes of discovering damage, but you should not wait weeks or months without good reason. Prompt reporting helps establish the timeline of the loss and allows the insurer to inspect the damage before conditions change. Unreasonable delay in reporting can create problems — the insurer may argue that the delay caused them prejudice by preventing them from properly investigating the loss.

Duty to Exhibit Damages

You must allow the insurance company to inspect the damaged property. This means granting their adjuster or inspector reasonable access to your home and the damaged areas. You do not have to give them unlimited access at any time, but you must cooperate with reasonable requests to inspect. If you refuse to let the insurer see the damage, you are giving them grounds to question your claim.

Duty to Report to Law Enforcement

Some policies include a duty to file a police report when the loss involves a crime — theft, vandalism, arson, or any other criminal act. However, this duty is not universal — not all policies require it. Regardless of whether your specific policy mandates a police report, it is almost always a good idea to file one when criminal activity is involved. The insurer will want a copy of the report, and the absence of one can raise questions about the legitimacy of the claim. Filing promptly creates an official record of the event and strengthens your position.

Duty to Submit a Proof of Loss

A proof of loss is a formal, sworn statement documenting the facts of the loss, the items damaged or destroyed, and the amount claimed. Most policies give the insurer the right to request a signed, sworn proof of loss. When the insurance company sends you a proof of loss form, they expect you to complete it, sign it under oath, and return it within the timeframe specified (typically 60 days, though this varies).

The proof of loss is a significant document. Because it is sworn, the information you provide carries legal weight. Be accurate and thorough when completing it, and do not guess at numbers — if you are unsure about a value, say so or get help.

Duty to Cooperate With the Investigation

Your policy requires you to cooperate with the insurer's investigation of your claim. This can include answering questions about the loss, providing requested documents (receipts, estimates, inventories), and in some cases, submitting to an examination under oath (EUO). Cooperation does not mean you have to agree with the insurer's assessment or accept their valuation — it means you must participate in the process in good faith.

Can the Insurer Deny Your Claim for Non-Compliance?

This is a critical point. In many jurisdictions, including California, the insurance company generally cannot deny your claim based solely on your failure to comply with a policy duty unless they can demonstrate that your non-compliance actually caused prejudice to the insurance company. Prejudice means the insurer suffered a material disadvantage — for example, if you waited so long to report the loss that the evidence was destroyed and the insurer could no longer investigate the cause.

Simply failing to submit a form on time, without any resulting harm to the insurer's ability to adjust the claim, is generally not enough to justify a denial. In California, the burden of proving prejudice rests on the insurer, not the policyholder. The insurance company must demonstrate that the policyholder's non-compliance actually caused them a material disadvantage — and if they cannot make that showing, they cannot use the non-compliance as a basis for denial.

California-Specific: Proof of Loss

California law treats the proof of loss requirement differently than some other states. Under California law, a proof of loss is generally not required as a condition to recover on your claim, even if your policy says it is. California courts have held that the insurer must show prejudice resulting from the failure to submit the proof of loss before they can use it as a basis for denial.

However — and this is important — just because California law does not strictly require it does not mean you should ignore the request. Failing to submit a proof of loss when asked can create unnecessary friction, delay your claim, and potentially lead to attorney involvement and legal fees that could have been avoided. The practical reality is that submitting the proof of loss, when properly completed, moves your claim forward and demonstrates good faith on your part.

Practical Tips for Fulfilling Your Duties

• Report promptly. Call your insurance company as soon as you discover the loss. Follow up in writing (email) to create a paper trail.
• Document everything. Take photos and video of the damage before any cleanup or repairs begin. Keep receipts for any emergency repairs you make.
• Respond to requests in writing. When the insurer asks for documents or information, respond in writing and keep copies of everything you send.
• Meet deadlines. If the policy specifies a timeframe for submitting a proof of loss or other documents, meet it. If you need more time, request an extension in writing before the deadline passes.
• Get help if you need it. If you are unsure how to complete a proof of loss or respond to an examination under oath, consult with a Public Adjuster or an attorney before responding.

A Note on This Information

This article is educational and is not legal advice. Insurance policies and the laws that govern them vary by state and by policy. If you are facing a specific situation involving your duties after a loss — especially an examination under oath or a disputed proof of loss — you should consult with a licensed attorney who specializes in insurance claims in your jurisdiction.