Loss Conditions Section of Property Policy and Duty of Insured

July 13, 2010

We have a commercial loss that happened about six months ago. To date, the insurance company will not tell us what the cause of the loss was. The insurance company hired a cause and origin company a few days after the fire but has not give our insured a written report. Meanwhile, the insurance company has demanded a proof of loss along with trying to schedule an examination under oath.

Does the insured have to comply with an examination under oath prior to the insurance company revealing the cause of loss? Does the insured have to comply with submitting the proof of loss without being able to fill in the cause of loss on the proof of loss?

The insurance company states that the insured is not cooperating, but the insurance company wants to do an examination under oath prior to revealing what the cause of loss is. Is the insured obligated to submit a proof of loss without the insurance company revealing the cause and origin of the loss prior to doing this?

Michigan Subscriber

The ISO CP 00 10 06 07 loss conditions section states that the insured is required to cooperate with the insurer in the investigation of the claim. The policy also states that the insurer may examine any insured under oath when reasonably required. Nowhere does it state that the insurer must first reveal the results of its investigation before the insured must do these things. Some of the duties required in the event of loss assist the insurer in determining the cause of loss. So, yes, the insured is required to comply with the insured's request for more information to be considered as cooperating with the insurer in the investigation or settlement of the claim.