Fire, Tornadoes & Disasters

Property damage and insurer bad faith – what to do after a loss

The Montana–based trial lawyers of Waddell & Magan accept cases of insurer bad faith and unfair practices nationwide, including denial of homeowner's property claims after major disasters. What we want to briefly discuss here is not loss prevention, but what to do after a fire, tornado or disaster strikes.

What you, as an insured, must do after a loss*

1. You must promptly give notice to your insurance company;

2. You must minimize your loss by protecting the property against any further damage;

3. You must file a proof of loss with your insurer;

4. You may also be required, depending on your state's insurance regulations, to provide a sworn statement , or to give testimony under examination; and

5. You may also be required to provide other evidence of your damages in the form of records, ledgers, or account books.

6. If your home is not insured, contact your local Red Cross or Disaster Application Center for Assistance.

*This discussion is limited, because of space constraints, to property losses such as loss of commercial and residential property and contents, but the same issues apply in any property damage case.


Notice of Loss

Minimizing Your Loss

Proof of Loss

Sworn Statement/Examination

Evidence of Your Damages

About Umpires and Appraisers

NOAA's Links Page

NOAA's Hurricane Info Links

FEMA's Thunderstorm Info

Red Cross Hurricane Site

Ms. Magan is licensed in Montana and Texas and is also Board Certified in Personal Injury Trial Law in the State of Texas. Mr. Waddell is licensed in Montana, Texas and Pennsylvania.*

1 of 7 | Next>