If your insurance company has sent you a sworn proof of loss form, your claim has reached the point where your own signature carries real weight. A sworn proof of loss is a written, signed and usually notarized statement of what you lost, how it happened and how much you are claiming. For Galveston homeowners dealing with a TWIA windstorm claim, a fire, or a flood policy, getting this document right can shape the rest of the claim. This guide explains what the form is, when you have to file it, and how to fill it out without leaving money on the table or creating problems for yourself.
What Is a Sworn Proof of Loss?
A proof of loss is your formal claim for payment. Most property policies, including standard Texas homeowners forms, TWIA windstorm policies and National Flood Insurance Program (NFIP) policies, contain a condition that lets the insurer request a signed, sworn statement supporting the claim. The word sworn matters: you are attesting under oath that the information is true. That is why the form is usually notarized.
A typical sworn proof of loss asks for:
- Your name, policy number and claim number
- The date, time and cause of loss (for example, hurricane wind, fire, or flood)
- Your interest in the property and any other parties with an interest, such as a mortgage company
- Other insurance that may apply to the same loss
- The actual cash value (ACV) and replacement cost of the damage
- The amount of the deductible and the net amount claimed
- Your signature, often in front of a notary
When Does a Sworn Proof of Loss Come Into Play?
Not every claim requires one. Many straightforward claims are paid based on the adjuster's estimate without a formal sworn statement. The form usually shows up in a few situations:
- Flood claims. NFIP policies require a signed proof of loss, generally within 60 days of the loss unless FEMA extends the deadline after a major disaster. Your flood adjuster may prepare one for you, but you are not required to accept their numbers.
- Larger or disputed claims. When the insurer and the homeowner disagree on the amount, the carrier may request a sworn statement to lock in what you are claiming.
- Supplemental claims. If you find more damage after the first payment, such as hidden water damage behind walls after a hurricane, you may be asked to support the additional amount.
- Contents claims. After a fire, the insurer often wants a sworn inventory of personal property.
Read the letter that came with the form carefully. It should say how many days you have to return it. Put that date on your calendar immediately. For a TWIA claim, remember the separate rule that the claim itself must be reported within one year of the date of loss; the proof of loss is a later step and has its own timing in the policy and the request letter.
How to Fill Out a Sworn Proof of Loss Step by Step
- Get your full policy. Request a certified copy of your policy if you do not have it. The declarations page shows your limits and deductibles, and the conditions section explains the proof of loss requirement.
- Confirm the cause and date of loss. Use the actual storm or event date. For a hurricane, this is usually the date the storm made landfall or when damaging winds reached your property. Check our Galveston weather events log or storm history page if you need to confirm dates.
- Build your own damage estimate. Do not simply copy the insurer's number. A line-item estimate should include every damaged area: roofing, decking, underlayment, flashing, siding, windows, interior drywall, insulation, flooring, cabinets, electrical, and any code-required upgrades.
- Separate replacement cost from actual cash value. ACV is replacement cost minus depreciation. Many policies pay ACV first and the remaining depreciation after repairs are completed. Know which number the form is asking for in each line.
- Include contents with support. List items, quantities, age, and replacement price. Photos, receipts, bank statements and online order histories all help.
- Apply the correct deductible. Coastal windstorm policies often use a percentage deductible. Make sure the right one is applied, and only once per event if that is what your policy says.
- Attach your documentation. Photos, videos, contractor estimates, engineer reports, invoices for emergency repairs and mitigation costs should all be attached or referenced.
- Sign in front of a notary. Keep a complete copy of everything you submit, and send it in a way you can prove delivery.
Common Mistakes That Hurt Galveston Claims
Signing the insurer's number without checking it
Some carriers send a pre-filled proof of loss with their adjuster's figure already typed in. If you sign it, you may be swearing that this is the full amount of your loss. If you believe the damage is higher, you can submit your own figures with supporting documents, or note that you are claiming an additional amount that remains in dispute. Read the form language before you sign.
Leaving out hidden or later-discovered damage
Hurricane and wind-driven rain damage often shows up weeks later as mold, sagging ceilings, or swollen subfloors. If you file too early and too narrowly, you may have to go through a supplemental process later. Where possible, have the property thoroughly inspected, including the attic and wall cavities, before finalizing numbers.
Guessing on contents
Because the statement is sworn, inflated or careless figures can create serious problems. Be accurate and conservative where you are unsure, and keep notes on how you arrived at each value.
Ignoring code upgrades
On Galveston Island and much of the coast, repairs must meet windstorm building requirements, and roof and structural work may need a Texas Department of Insurance windstorm certificate. Code-driven costs can be significant. Review our pages on Texas windstorm rules and Galveston local code so those items are not forgotten.
Missing the deadline
A late proof of loss can give the insurer grounds to delay or dispute payment. If you need more time, ask for an extension in writing before the deadline and keep the written response.
What Happens After You Submit
Once the insurer has your sworn proof of loss and supporting documents, it should review the claim and accept or reject it. In Texas, the Prompt Payment of Claims Act in Insurance Code chapter 542 sets deadlines for insurers to acknowledge, investigate, decide and pay claims, and TWIA claims are handled under Insurance Code chapter 2210 with their own timelines and dispute procedures. If the insurer rejects part of your proof of loss, ask for the reasons in writing. That letter tells you exactly what they dispute and what additional proof may help.
Possible outcomes include full acceptance, partial acceptance with a request for more information, a rejection with a counter-figure, or a denial. Each response gives you options, including providing more documentation, requesting re-inspection, or using the dispute process in your policy.
A Quick Sworn Proof of Loss Checklist
- Full certified policy in hand
- Correct date and cause of loss
- Your own line-item repair estimate, not just the carrier's
- Replacement cost and ACV identified separately
- Correct deductible applied
- Contents inventory with photos or receipts
- Emergency repair and mitigation invoices attached
- Code upgrade and windstorm certification costs included where they apply
- Signed and notarized, with a full copy kept
- Delivery confirmed before the deadline
How a Public Adjuster Helps With a Proof of Loss
A licensed public adjuster works for you, not the insurance company. Public adjusters in Texas are licensed by the Texas Department of Insurance (TDI). On a sworn proof of loss, a public adjuster can review the policy, document the damage, prepare a detailed estimate, organize the contents inventory, and make sure the figures you swear to are supported. This is especially useful on complex TWIA windstorm claims and Galveston fire claims, where the scope of damage is large and the paperwork is detailed. No one can guarantee a particular result, but a well-supported sworn proof of loss gives your claim a firm footing.
If you have a proof of loss request on your kitchen table and you are not sure the numbers are right, talk to us before you sign. Joseph Dittman and our team offer a free consultation for Galveston Island and Galveston County property owners. Call (832) 503-5866 for an expert consultation, or send us your claim details.
Frequently asked questions
Do I have to sign the proof of loss my insurance company filled out?
No. You can submit your own figures with supporting documentation if you believe the insurer's amount is too low. Read the form carefully before signing, because a sworn statement may be treated as your full claim amount.
How long do I have to return a sworn proof of loss?
It depends on your policy and the insurer's request letter. NFIP flood policies generally require it within 60 days of the loss unless FEMA extends the deadline. Check your policy and the letter, and request any extension in writing before the deadline.
Does a sworn proof of loss need to be notarized?
Most sworn proof of loss forms include a notary section because you are attesting to the information under oath. Follow the instructions on the specific form your insurer sends.
This article is general information, not legal advice. Every policy and claim is different.