Claims · Insurance Term
Duties After Loss (Duties in the Event of Loss)
Definition
Duties after loss are the steps a policy requires you to take after damage or a claim. They include giving prompt notice, protecting property from more damage, keeping records and cooperating with the investigation. Failing to meet them can reduce or put at risk payment on an otherwise covered claim.
In Plain English
Commercial property policies commonly require you to notify the insurer promptly, describe how and when the loss happened, and notify police if a law may have been broken. You must take reasonable steps to protect the property from further damage, often called mitigation of damages, and keep receipts for that work.
You will likely be asked to list damaged property, share records, allow inspections and sign a sworn proof of loss within a set time if requested. The insurer may also ask you to give an examination under oath. These duties appear in the policy's loss conditions.
They aren't meant as traps, but missed deadlines and thin documentation are a common cause of claim delays. Start with a prompt first notice of loss, then keep a simple file of photos, invoices and letters.
Not sure how your policy handles this? Have us review it, or get a quote.
Example
Hypothetical and simplified: A hard freeze bursts a pipe in an empty office suite. The owner shuts off the water, hires a drying company, photographs the damage and reports the claim the same day. Because the owner limited further damage and kept records, the $45,000 claim for repairs and drying is easier for the adjuster to verify.
Why It Matters for Texas Property Owners
Texas law also sets timelines for insurers: under Insurance Code §542.055, an insurer generally must acknowledge a claim and begin its investigation within 15 days after receiving notice. For weather-related claims, Chapter 542A requires written notice at least 61 days before filing suit against an insurer or agent. Meeting your own duties helps keep those timelines working for you.
What to Watch For
- Report losses promptly, even if you aren't sure the damage is covered or above your deductible.
- Take photos and video before cleanup, and keep damaged items, when safe, until the adjuster sees them.
- Keep receipts for emergency repairs and protective work.
- Note any deadlines in the policy for proof of loss or for filing suit.
Sources
- Texas Insurance Code Ch. 542 (prompt payment of claims)
- Texas Insurance Code §542A.002
- Texas Insurance Code §542A.003 (61-day pre-suit notice)
Last updated October 14, 2026 · Primesure editorial team · How We Write