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Sworn proof of loss: what it is, when it is due, and how to fill it in without creating a problem
A proof of loss is a one- or two-page form, signed under oath, that states what happened and what you are claiming. It is the one document in a property claim with a hard deadline attached, and the one most often filled in carelessly because it looks like paperwork rather than evidence. This guide covers the clock, the fields, and the attachments. It explains the process; it does not say what any claim is worth.
What the form is
The policy's duties after loss condition lists what the policyholder has to do: report promptly, protect the property, show the damage, keep records, and, on request, send a signed, sworn proof of loss. The proof of loss is a formal statement of the claim: the date and cause of the loss, who has an interest in the property, what other insurance exists, and the amount being claimed. It is signed before a notary in most versions, which is what "sworn" means. Carriers supply their own form; the standard fields are the same across them.
The 60-day clock
Most homeowners policies set a 60-day period. What starts it differs by policy, and the difference matters:
| Wording | When the 60 days start | Where it shows up |
|---|---|---|
| "within 60 days after our request" | When the carrier asks for the form in writing | Most current homeowners forms |
| "within 60 days after the loss" | From the date of loss, whether or not the carrier asks | Older forms, some commercial forms, and the federal flood program |
Find the wording in your policy's conditions. If the carrier has not asked, note the date of its first request in writing when it does.
For non-flood claims, state law and courts vary on what a missed deadline means; some treat it strictly, others look at whether the carrier was prejudiced or had already inspected. That is a question for an attorney. The practical rule is simpler: ask for an extension in writing before the date if the amount is not ready, and send a proof of loss for what is known rather than nothing.
The fields
| Field | What to enter | Notes |
|---|---|---|
| Policy number, claim number, insured | From the declarations page and the claim letter | Every named insured usually signs. |
| Date and time of loss | When the damage happened, or was discovered if the exact time is unknown | Say "discovered" if that is what you know. |
| Cause of loss | A plain description: pipe burst, hail, kitchen fire | Describe what happened; do not characterize it in policy terms. |
| Occupancy and interest | Who lives there, who owns it, any lender | Lenders are usually listed as mortgagee. |
| Other insurance | Any other policy on the property | Including a flood policy or an HOA master policy. |
| Whole loss and damage | The full amount of the loss as documented | This is the estimate total plus contents, not a guess. |
| Amount claimed | The amount being asked for under this policy | May be lower than the whole loss (deductible, limits, a partial proof). |
| Signature, notary | Sign in front of the notary | Unsigned or un-notarized forms are returned, and the clock keeps running. |
Attachments
The amount on the form has to come from somewhere. Attach the estimate the figure is built on, in line-item form, and the contents inventory if contents are included. If a contractor's estimate exists and differs from the carrier's, attach the contractor's and say so; the proof of loss is the policyholder's statement of the claim, not the carrier's. What goes in a contents list.
- Line-item building estimate, with photos referenced by line.
- Contents inventory with values and evidence.
- Receipts for emergency measures and temporary repairs.
- Additional living expense receipts, if the home was unlivable.
- A cover sheet listing what is attached and the total it supports.
Partial, amended and supplemental proofs
A proof of loss is not a one-time event. A partial proof states the amount known so far and says more follows, which satisfies the deadline while the estimate is finished. An amended or supplemental proof restates the claim when the amount changes: a supplement is approved, hidden damage is found, contents are added. Each is dated, labeled, and attached to its own support. Carriers generally accept them; the policy's completion deadlines for replacement cost still apply separately.
Mistakes that cause trouble
- Guessing the amount. A round number with nothing behind it invites a request for more information and, in the worst case, a question about accuracy. Attach the estimate.
- Describing the cause in coverage language. "Sudden and accidental" is a policy phrase; write what happened instead.
- Leaving the other-insurance line blank when a flood or HOA policy exists.
- Missing signatures. Every named insured, in front of the notary.
- Sending it once and forgetting it. When the claim changes, the proof should change with it.
For contractors
The contractor does not sign the proof of loss; the policyholder does. The contractor's part is the estimate that the "whole loss" figure rests on, in the carrier's format, with the scope narrative and photos. When a homeowner asks what number to put on the form, the answer is the estimate total, and the estimate goes with it. Ordering an estimate.
Questions people ask
Is a proof of loss the same as filing the claim?
No. Reporting the loss opens the claim. The proof of loss is a later, sworn statement of what is being claimed, sent when the policy or the carrier requires it.
Do I have to send one if the carrier hasn't asked?
Depends on the wording. Under "after our request" wording the duty starts with the request; under "after the loss" wording, and always for federal flood claims, the clock runs from the loss. Read the condition and ask the adjuster in writing.
What if I don't know the full amount by the deadline?
Send a partial proof of loss for what is documented and ask in writing for more time for the rest. Do not let the date pass with nothing sent.
Does the carrier have to accept my amount?
No. The proof states your claim; the carrier can accept, dispute or ask for more support. A disputed amount can go to the policy's appraisal process. How appraisal works.
Who signs?
The named insureds, in front of a notary where the form requires it. A public adjuster or attorney can prepare it but the policyholder signs.
