Also known as: proofs of loss · proof-of-loss
Written by attorneys · grounded in primary & secondary sources — see below
A formal statement detailing the type and extent of a loss, submitted by an insured to an insurer as a condition precedent to recovering policy proceeds.
Select any source to read its text and confirm it supports the definition.
After a storm damaged her roof, Maria Lopez submitted a sworn proof of loss to Apex Insurance listing the cost of repairs and supporting documents. Apex refused payment because the form arrived after the 60-day policy deadline. The court held that timely proof of loss was a condition precedent, barring recovery.
Greenfield Bakery filed a detailed proof of loss with Harbor Mutual after a kitchen fire destroyed inventory and equipment. The insurer denied the claim for failure to include business-interruption calculations. Because the policy conditioned payment on complete proof of loss, the court upheld the denial.
Failure to submit a timely proof of loss can bar recovery under the policy. Courts have held that the requirement is a condition precedent, so an insurer may disclaim coverage when the insured misses the deadline without waiver or excuse.
Supporting sources
Yes. When the policy expressly conditions payment on timely submission of detailed proof-of-loss documents, the insured must satisfy that condition before the insurer's duty arises. Partial or late submission means the condition fails and no payment obligation matures.
Supporting sources
…excuses performance of a condition requiring notice. Jackson & Co. v. Great Am. Indem. Co. , 282 Mass. 337, 342 (1933) (proof of loss to insurance company). United States v. Conti , 64 F. Supp. 187 (D. Mass.), aff’d 158 F.2d 581 (1st Cir. 1946) (notice of contract termination). Where an employer repudiates or nullifies…