Proof of Loss Update

Yesterday, April 28, 2014, the time for  filing Sandy flood insurance “Proofs of Loss” was extended for an additional 6 months by FEMA.  This deadline is the date that the Proof of Loss must be RECEIVED by the insurer. This extension applies only to the Proof of Loss, not to the Statute of Limitations (which may require more immediate action, see below).

A few caveats…

First, the Statute of Limitations deadline (1 year from your 1st denial) remains the same — and it may accelerate this Proof of Loss deadline and require that you both (1) send Proof of Loss and then (2) file a lawsuit in Federal Court BEFORE the ending date of the October 2014 Proof of Loss extension.  In other words, the Statute of Limitations may both accelerate your own individual Proof of Loss deadline, and require that you also file a lawsuit (both within one year of the 1st denial of the claim, with Proof of Loss being submitted so it is received BEFORE you file the lawsuit), in order to preserve your rights to your claim.

Second, in other cases, some homeowners may believe that their individual Statute of Limitation’s date has already passed.  While we cannot guarantee that the Statute of Limitations will be redefined in Court, we do expect that eventually the Courts will be asked to rule on the correctness of the deadline as it is presently interpreted. Therefore filing a “Proof of Loss,” with supporting documentation, will permit you to take advantage of a change should it occur.

Third, determining the date of your 1st denial requires careful review of your entire claim file, and consultation on this issue by an experienced insurance attorney is strongly recommended.  See our March 2014 flyer and December 2013 update linked on the right side of this screen for the reasons why.

Be sure to check out the documents linked on the right of the screen, especially our March 2014 flyer and December 2013 update (both were written under the former, now extended, April 2014 Proof of Loss deadline).

Also take a look at the information in post immediately below, after the list of past proof of loss workshops, which explains why seeking professional help with Proof of Loss is strongly recommended.

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