Standard duties (typical HO-3)
- Prompt notice to the insurer
- Protect property from further damage (reasonable mitigation)
- Cooperate with investigation
- Exhibit damaged property to carrier representative
- Show affected property as requested
- Submit to examination under oath (EUO) as requested
- Provide records reasonably requested
- Sign a sworn proof of loss within 60 days of request
- Permit inspection of property as reasonably requested
What each duty actually means
Prompt notice
- Reasonable time, not immediate
- Standard is reasonableness under circumstances
- Late notice requires prejudice to bar coverage
Mitigation
- Reasonable steps under circumstances
- Temporary repairs to prevent further damage
- Document efforts and keep receipts
Cooperation
- Good-faith engagement with investigation
- Responding to reasonable requests
- Not impeding inspection
EUO
- Formal recorded statement under oath
- Always retain counsel
- Limited to claim-relevant questions
Proof of loss
- Sworn statement listing damages
- Carrier must request specifically
- Typically 60 days to respond
When duties aren't met
Carrier can:
- Deny based on material breach
- Require specific cure
- Document non-compliance
But must demonstrate prejudice in most cases. Substantial compliance often sufficient under Florida law.