What happens if an insurance company fails to meet the obligation of sending a proof of loss form?

When an insurance company fails to send a proof of loss form, it is important to recognize that this omission or delay may affect the claimant's obligations under the policy. If the insurer does not provide the necessary forms or fails to comply with its duty to assist the claimant in submitting a claim, the claimant is often deemed to have complied with the policy requirements regarding submitting proof of loss. This means that the insured person's failure to provide proof does not disqualify them from receiving benefits or coverage under the policy since the insurance company did not fulfill its obligation to supply the necessary documentation.

This principle aims to protect the insured from being penalized for an insurance company's failure to act. The procedure for filing a claim hinges not only on the insured's actions but also on the responsibilities of the insurer. Therefore, the absence of the proof of loss form can be seen as the insurer's failure to uphold their part of the agreement, allowing the claimant to assert that they have complied with requirements despite the insurer's lack of response.