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P&CFloridaeasy

After a covered windstorm damages the roof of a commercial building, which of the following is NOT a duty the insured must fulfill to preserve the claim?

AProvide prompt written notice of the loss to the insurer
BTake reasonable steps to protect the property from further damage
Obtain the insurer's written approval before making any emergency temporary repairs
DSubmit a signed, sworn proof of loss within the time required by the policy

Why this is the answer

Standard property policy conditions require the insured after a loss to: (1) give prompt notice of loss to the insurer or agent; (2) protect the property from further damage — including making emergency temporary repairs (e.g., tarpaulin on roof); (3) keep an inventory of damaged property; (4) cooperate with the insurer's investigation; and (5) submit a signed, sworn proof of loss within the policy's stated time frame. The insured does NOT need prior insurer approval for reasonable emergency temporary repairs — requiring prior approval would defeat the duty to mitigate. The insured should document all emergency repairs and retain receipts. Failing to comply with these duties can result in claim denial. See FL Outline §III — duties of insured.

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