Bullet points have their place. In the context of one among several standard Proof of Loss provisions in use in First-Party Policies, reproduced below, the standout features identified in the case law which support the provision can be conveniently broken out as follows:
- Purpose –
- Information.
- Sufficient.
- Determine Policy rights and liabilities of the Insurance Company.
The Proof of Loss provision quoted by the Court in Kenneth v. Nationwide Mut. Fire Ins. Co., 2007 WL 3533887 *9 (W.D.N.Y. November 13, 2007), may be a bit longer than most, but it seems to cover the points which most Courts allow a Proof-of-Loss requirement to address:
Here, the policy provides, in pertinent part that “in case of loss” the [policyholders] submit to [the insurance company], within 60 days after [the insurance company's] request, a “signed, sworn proof of loss which sets forth, to the best of [the insured's] knowledge and belief:
(1) the time and cause of loss.
(2) interest of the insured and all others in the property involved and all liens on the property.
(3) other insurance that may cover the loss.
(4) changes in title or occupancy of the property during the term of the policy.
(5) specifications of any damaged property and detailed estimates for repair of damage.
(6) a list of damaged personal property showing in detail the quantity, description, actual cash value, and amount of loss. Attach all bills and receipts that support the figures.
(7) receipts for additional living expenses and records supporting the fair rental value loss.
(8) evidence [or] affidavit supporting a claim under the Credit Card, Electronic Fund Transfer Card and Forgery Coverage. It should state the amount and cause of loss.
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