Insurance – Proof Of Loss

Filing a proof of loss as part of a claim is very basic to all insurance claims.  This issue was a topic in a recent Fifth Circuit opinion styled, Andre Yanez v. American Strategic Insurance Coporation; E-Ins., L.L.C.; FKS Insurance Services, L.L.C. The lower court granted the insurers motion for summary judgment based on Yanez not submitting a proof-of loss form as required by the federal flood program policy. This claim arose out of storm in 2016, causing flood damage to Yanez’s property.  Yanez filed a claim and adjusters were assigned to the claim.  Yanez completed a flood field survey and filed a proof-of-loss and was paid for the 2016 flood consistent with the proof-of-loss that was filed. Continue reading

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