On this planet of insurance coverage claims, a easy but usually neglected step could make or break a policyholder’s probability of restoration: The proof of loss. This was pushed dwelling within the 1891 case of German Insurance coverage Firm v. Fairbank, 1 the place the Supreme Court docket of Nebraska issued a vital reminder that compliance with coverage phrases isn’t just a formality—it’s the inspiration of any declare. This case, although over a century previous and involving solely $30 relating to the worth of a cow, holds classes for at the moment’s policyholders.
I’m penning this as a part of a research and follow-up to The place Did the Proof of Loss Requirement in a Property Insurance coverage Coverage Originate? What Was Its Unique Goal? and Proof of Loss Necessities: A 222-Yr-Outdated Case Nonetheless Related for Trendy Insurance coverage Claims. I shall be writing about older and historic circumstances determined in numerous jurisdictions in regards to the proof of loss and what it means over the subsequent a number of months.
The dispute arose when Loren Fairbank sought to get better damages beneath an insurance coverage coverage for the lack of a cow, which had met an unlucky finish towards a barbed wire fence throughout a windstorm. The German Insurance coverage Firm denied the declare, citing a number of coverage violations, together with the insured’s alleged failure to submit the required proof of loss. Whereas the trial courtroom initially sided with Fairbank, the Nebraska Supreme Court docket reversed the judgment, highlighting the significance of 1 central challenge: The insured’s obligation to show {that a} proof of loss was filed or that the insurer had waived the requirement.
The coverage in query was advanced, overlaying a number of kinds of property, together with a dwelling, family items, and livestock, with separate quantities allotted to every. Importantly, the courtroom emphasised that the coverage was severable—which means a violation affecting one class of protection (reminiscent of a mortgage positioned on the dwelling) didn’t mechanically void protection for unrelated property, just like the cattle. This favorable interpretation ought to have labored in Fairbank’s favor. But, regardless of this readability on the severability of protection, Fairbank’s failure to supply proof that he complied with the proof-of-loss requirement derailed his declare.
The proof-of-loss requirement is a cornerstone of most insurance coverage contracts. On this case, Fairbank’s coverage stipulated that proof needed to be submitted inside 30 days of the loss, with the insurer obligated to pay inside 90 days of receiving passable documentation. The Nebraska Supreme Court docket made it clear that if a policyholder needs to get better beneath a coverage, the onus is on them to point out they adopted these steps—or that the insurer waived its proper to demand compliance. In Fairbank’s case, no such proof was introduced, and with out it, his declare failed.
The lesson right here is twofold. First, submitting a proof of loss isn’t merely procedural; it’s usually a situation precedent to restoration beneath an insurance coverage coverage. With out documented proof that it was submitted, even a legitimate declare might be denied. Second, if the insurer waives this requirement, that waiver have to be clearly established. Silence or inaction by the insurer is never sufficient to represent waiver. Policyholders and their representatives should hold meticulous information, guaranteeing that proof of loss isn’t solely filed but in addition verifiable if challenged.
The trendy development is to excuse a late or non-filed proof of loss except the insurance coverage firm has been prejudiced by such late or non-filing. Nonetheless, the very best follow is to keep away from this challenge by submitting a well timed and correctly accomplished proof of loss.
This case serves as a timeless reminder that insurance coverage insurance policies are contracts, and courts will implement their phrases as written, though looking for causes to keep away from a forfeiture of insurance coverage advantages. For policyholders, the takeaway is easy but important: When proof is every part, guarantee you’ll be able to show it and that the proof of loss has been well timed and correctly filed to keep away from all these authorized points.
Thought For The Day
By no means kick a cow chip on a scorching day.
—Will Rogers
1 German Ins. Co. v. Fairbank, 32 Neb. 750, 49 N.W. 711 (Neb. 1891).