What is the minimum waiting period before legal action can be brought after proof of loss?

What is the minimum waiting period before legal action can be brought after proof of loss?

• A. The insured must wait at least 60 days before suing, with a maximum time limit to sue.
• B. The insured can sue immediately after filing proof of loss.
• C. The insured cannot sue the insurer under any circumstance.
• D. The insured must wait 90 days before suing.

Answer: (A)

After you file a sworn proof of loss, the insurer needs a chance to review and adjust the claim. A typical provision in many policies sets a minimum waiting period before you can sue, giving the insurer time to complete its investigation. The required waiting period is 60 days. You can sue after those 60 days, but you must do so within the policy’s overall time limit to sue (the statute of limitations), which is usually a fixed period like two years from the loss, though that length can vary by policy and state. So the minimum waiting period is 60 days, with the understanding that a separate deadline applies for filing the lawsuit itself.

After you file a sworn proof of loss, the insurer needs a chance to review and adjust the claim. A typical provision in many policies sets a minimum waiting period before you can sue, giving the insurer time to complete its investigation. The required waiting period is 60 days. You can sue after those 60 days, but you must do so within the policy’s overall time limit to sue (the statute of limitations), which is usually a fixed period like two years from the loss, though that length can vary by policy and state. So the minimum waiting period is 60 days, with the understanding that a separate deadline applies for filing the lawsuit itself.