Volume 175

JULY 2021

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GORDIS ON INSURANCE:

INSURED’S DUTIES IN THE EVENT OF LOS

INSURED’S DUTIES IN THE EVENT OF LOSS
The conditions discussed above explain the duties of the insurance company. On the other hand, this condition imposes a series of requirements on the insured. They are triggered after a loss occurs. Some of these duties fall to the insured even though the insurance company does not demand they be completed. Others need be done only if the company demands or requires it.

Duties of the Insured Even When No Request Is Made:

  • Protect property from further loss. The insured is expected to act prudently, as if there were no insurance on the property. Examples are protecting openings, drying out the building and property and lubricating machinery. Any expense incurred by the insured for such actions may be included in the proof of loss for an insured occurrence.
  • Separate damaged property from undamaged property.
  • Put the property and the premises back in the best possible order.
  • Notify the police or law enforcement authorities if a crime has been committed.
  • Give immediate written notice of loss to the insurance company.
  • Furnish a complete inventory of damaged, destroyed and undamaged property. This includes detailed quantities, costs, actual cash value and the amount of loss claimed.

Duties of the Insured Only When Requested By Company:

  • Furnish verified plans and specifications of any destroyed or damaged building, fixtures and machinery.
  • Display all remaining property.
  • Submit to examination under oath.
  • Produce all books of accounts, bills, invoices and other vouchers for examination and permit copies of such records to be made.
  • Furnish a proof of loss within 60 days of its being requested. The proof of loss form is provided by the insurer. It contains a series of statements signed and sworn to by the insured. Some of the items that must be included are the time and origin of loss, the interest of the insured and all others in the property, the actual cash value of each damaged or destroyed item, and the total amount of loss. Others include any encumbrances on the property, details on any other insurance carried, any changes in title to the property since policy inception as well as any changes in the use, occupancy or location of the property. The final information needed is identifying the building occupants and describing their operations and whether the building was situated on leased ground.