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This entry was published on 2014-09-22
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Property insurance; proofs of loss; notice of loss
Insurance (ISC) CHAPTER 28, ARTICLE 34
§ 3407. Property insurance; proofs of loss; notice of loss. (a) The
failure of any person insured against loss or damage to property under
any contract of insurance, issued or delivered in this state or covering
property located in this state, to furnish proofs of loss to the insurer
or insurers as specified in such contract shall not invalidate or
diminish any claim of such person insured under such contract, unless
such insurer or insurers shall, after such loss or damage, give to such
insured a written notice that it or they desire proofs of loss to be
furnished by such insured to such insurer or insurers on a suitable
blank form or forms. If the insured shall furnish proofs of loss within
sixty days after the receipt of such notice and such form or forms, or
within any longer period of time specified in such notice, such insured
shall be deemed to have complied with the provisions of such contract of
insurance relating to the time within which proofs of loss are required.
Neither the giving of such notice nor the furnishing of such blank form
or forms by the insurer shall constitute a waiver of any stipulation or
condition of such contract, or an admission of liability thereunder.

(b) If any contract of insurance issued or delivered in this state,
covering loss of or damage to property by fire provides that the insured
give immediate notice, in writing, to the insurer, of any loss or
damage, it shall be sufficient compliance if immediate written notice is
given, by or on behalf of the insured, to any licensed agent of the
insurer in this state, with particulars sufficient to identify the
insured and the property insured under such contract and to notify the
insurer of the time and place of such loss or damage.