Sworn Proof of Loss in Florida: What It Is and How to File It Correctly

Quick Answer

Florida insurers require a Sworn Proof of Loss after a claim. Learn what it is, how to complete it, and what to do if your insurer uses it against you.

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Pierre A. Louis, Esq.Louis Law Group

1/1/1970 | 1 min read

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What is a Sworn Proof of Loss?

A Sworn Proof of Loss is a legal document you sign under oath that details the damage to your property and the amount you are claiming from your insurance company. Most Florida homeowners insurance policies require you to submit one within 60 days of the insurer's request.

Failing to submit it on time — or submitting one with errors — can give your insurer grounds to deny your entire claim. That is why getting it right matters.

What Does a Sworn Proof of Loss Include?

  • Date and cause of the loss
  • Description of the damaged property
  • Actual Cash Value (ACV) of damaged items
  • Amount claimed under the policy
  • Any other insurance policies covering the same property
  • Your signature, sworn before a notary

Florida Law and the Proof of Loss Requirement

Under Florida law, insurers can require a Sworn Proof of Loss as a condition of payment. Florida Statute 627.70132 governs claim filing requirements. If your insurer denies your claim based on a defective proof of loss — even for a minor error — that denial may itself be challengeable as bad faith.

Common Mistakes That Get Claims Denied

  • Missing the 60-day deadline after the insurer's request
  • Undervaluing damaged items (use replacement cost, not what you paid years ago)
  • Not having it notarized
  • Failing to list all damaged property
  • Inconsistencies with your initial claim report

What to Do If Your Insurer Denies Based on Proof of Loss

If your insurer is using your Sworn Proof of Loss to deny or reduce your claim, contact a property damage attorney immediately. Under Florida law, insurers cannot use technical defects as a pretext to avoid paying a legitimate claim.

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General information only, not legal advice. Based on Florida insurance law and claim best practices.

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Frequently Asked Questions

What is a sworn proof of loss in Florida?

A sworn proof of loss is a notarized document required by many Florida insurance policies that formally states the details and amount of your loss. It must be signed under oath and submitted within the deadline specified in your policy.

How long do I have to submit a proof of loss in Florida?

Most Florida policies require submission within 60 days of the insurer's request. Missing this deadline can result in claim denial, though courts have sometimes excused minor delays if the insurer wasn't prejudiced.

Can my insurer deny my claim if I don't submit a proof of loss?

Yes. If your policy requires a sworn proof of loss and you fail to submit one after the insurer's request, they can deny your claim for non-compliance. Always respond to proof of loss requests promptly.

What information goes in a sworn proof of loss?

Include: date and cause of loss, detailed description of damaged property, estimated repair/replacement cost, other insurance covering the loss, and any changes in ownership or occupancy. Call (833) 657-4812 for help completing yours.

Should I hire an attorney to help with my proof of loss?

Yes, especially for large claims. The sworn proof of loss locks in your claimed amount under oath. Understating damages can limit your recovery, while overstating can be considered fraud. An attorney ensures accuracy.

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Pierre A. Louis, Esq.

Pierre A. Louis, Esq.

Pierre A. Louis is an attorney and founder of Louis Law Group, specializing in property damage insurance claims and Social Security disability (SSDI/SSI). He has recovered over $200 million for clients against major insurance companies.

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