Your Duties After a Loss
A property claim has obligations on both sides. Here is what your policy asks of you - and how a public adjuster helps you meet it.
By Dependable Claims Specialists - Public Insurance Adjusters · TDI Firm License #3134924
Last updated: September 1, 2026
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Your own policy is the controlling document. Texas carriers largely write and file their own forms, so the exact duties, wording and time limits vary from policy to policy. Read the conditions section of your policy first, usually under a heading like Your Duties After Loss. What follows is a general guide to the duties that appear most often, offered as education - not as a statement of what your policy requires.
The Duties You Will Usually See
Drawn from the policy forms published by the Texas Department of Insurance and from TDI’s own consumer guidance. Your policy governs.
Give prompt notice of the claim
Policies commonly require prompt notice of a loss, and the Texas Department of Insurance advises telling your company as soon as possible. Some policies also state an outside filing deadline. Record the date you reported the claim and how you reported it, and keep any confirmation you receive.
Protect the property from further damage
Most forms require reasonable, necessary and temporary repairs - a tarp on the roof, boards over broken windows, standing water extracted. Keep an accurate record of what those repairs cost and save the receipts. TDI advises making only temporary repairs and leaving permanent work until the company has seen the loss.
Document before you clean up
Photograph and video the damage before any temporary work changes the scene, and keep damaged materials where you safely can. Do not discard damaged items until the adjuster has had a chance to see them. Once evidence is gone, the loss becomes harder to show.
Prepare an inventory of damaged personal property
The familiar policy wording asks for a complete inventory showing quantity, description and amount of loss, supported by the bills and receipts that justify the figures. Photographs of each item help. This is usually the single most time-consuming duty, and the one most often left thin.
Provide the records the company requests
Policies commonly require you to provide pertinent records the company asks for and to permit copies. Responding promptly and completely matters in practical terms: the claim cannot move faster than the information it is built on.
Give reasonable access to the property
Most forms require you to show the damaged property as often as the company reasonably requires. Try to be present for inspections, and point out every area of damage rather than assuming it will be found.
Submit a sworn proof of loss if one is requested
Many policies allow the company to require a proof of loss on its own form, returned within the period the policy states. It generally covers the time and cause of loss, the interests in the property, other insurance, and the value and amount claimed. It is a sworn statement, so it deserves care and complete records behind it. The period allowed varies by policy - check yours.
An examination under oath, where the policy provides for one
Some policies state that the company may require an examination under oath about the claim, which you then sign and swear to. That is a formal proceeding, not a routine adjuster conversation. A policyholder asked to sit for one may wish to speak with a licensed attorney before it takes place.
Why These Conditions Matter in Practice
A claim moves on information. Thin inventories, missing receipts and undocumented temporary repairs are among the most common reasons a scope gets disputed or a file slows down. The work of meeting these duties well is the same work that produces a complete, defensible claim.
A missed duty can also affect the claim itself. Whether it does in any particular case is a legal question for a licensed attorney - not something this page, or a public adjuster, can decide.
This is also where a public adjuster fits. Duties after loss are claim handling, and claim handling is what a public adjuster is licensed for: under Tex. Ins. Code §4102.001 a public adjuster acts on behalf of the insured in negotiating for or effecting the settlement of a claim. In practice DCS documents the loss, prepares the contents inventory, assembles the records the company requests, prepares and supports a proof of loss, and presents the repair scope. What a public adjuster may not do is practise law (§4102.156). Legal opinions, demand letters and advice about lawsuits belong to a licensed attorney.
Common Questions
What are duties after loss on a property insurance policy?
Duties after loss is the name most property policies give to the conditions describing what the policyholder agreed to do once a loss happens. They commonly include giving prompt notice, protecting the property from further damage, preparing an inventory of damaged personal property, providing records the company requests, allowing reasonable access to the property, and submitting a sworn proof of loss if one is requested. The exact list and wording are set by your own policy, because Texas carriers largely write and file their own forms.
Where do I find my duties after loss?
In the conditions section of your policy, usually under a heading such as Your Duties After Loss. Read the policy form itself, not just the declarations page - the declarations page shows your limits and deductibles, while the conditions set out what each side agreed to do. If you cannot locate your full policy, your carrier or agent can provide a complete copy including all endorsements.
Does a public adjuster help with duties after loss?
Yes, and this is squarely what a public adjuster is licensed for. Under Texas Insurance Code §4102.001 a public adjuster acts on behalf of the insured in negotiating for or effecting the settlement of a claim. In practice that means documenting the loss, preparing the contents inventory, assembling the records the company requests, preparing and supporting a proof of loss, and presenting the repair scope. A public adjuster may not practise law (§4102.156), so legal questions belong with a licensed attorney.
What happens if a duty is missed?
That depends on the policy language and the circumstances, and it is a legal question rather than a claim-handling one. A public adjuster cannot answer it, and this page does not attempt to. If you are concerned that something was missed, speak with a licensed attorney. What a public adjuster can do is help you meet the remaining duties properly and document the claim thoroughly from here.
Should I make repairs before the adjuster sees the damage?
Make the temporary repairs needed to prevent further damage - tarping, board-up, water extraction - and keep the receipts, because most policies require you to protect the property. Hold off on permanent repairs until the company has inspected, and photograph everything before any work begins. TDI gives the same guidance in its consumer materials.
Not Sure Your Documentation Is Complete?
A licensed public adjuster will review your policy and your claim file and tell you candidly where things stand. Free review, no obligation. No recovery, no fee.
Educational Information - Not Legal Advice
The information on this page is for general educational purposes only. Dependable Claims Specialists is a licensed public adjusting firm - not a law firm. Public adjusters help policyholders inspect, document, evaluate, and negotiate property insurance claims, which includes reading and applying your policy in the ordinary course of adjusting (coverage parts, exclusions, endorsements, scope). We do not practice law and we do not provide legal advice. For legal opinions, demand letters, Chapter 542A pre-suit notices, statutory remedies under the Insurance Code, or litigation, consult a licensed attorney in your state. Texas public adjusters operate under TX Ins. Code Chapter 4102; Florida public adjusters operate under FL Statute §626.854.
