Almost all insurance policies require a “sworn proof of loss” be filed when making a claim. The Dallas Division, Northern District of Texas, issued an opinion in October 2017, dealing with a situation where the sworn proof of loss was waived by the Court. The opinion is styled, Alexander Vilaythong v. Allstate Insurance Company.
Vilaythong (Plaintiff) had a homeowners policy with Allstate. Plaintiff suffered a hail storm damage and submitted a claim to Allstate, who estimated damage at $17,053.76. Plaintiff hired an adjuster who estimated the damage at $40,905.22.
A lawsuit ensued and Allstate moved to have the case dismissed under Rule 12(b)(1) for lack of standing because Plaintiff did not satisfy a condition precedent for filing the lawsuit, because he had not filed a signed and sworn proof of loss at least ninety one days before suing Allstate.