Section 3407. Property insurance; proofs of loss; notice of loss  


Latest version.
  • (a) The
      failure of any person insured against loss or damage to  property  under
      any contract of insurance, issued or delivered in this state or covering
      property located in this state, to furnish proofs of loss to the insurer
      or  insurers  as  specified  in  such  contract  shall not invalidate or
      diminish any claim of such person insured under  such  contract,  unless
      such  insurer or insurers shall, after such loss or damage, give to such
      insured a written notice that it or they desire proofs  of  loss  to  be
      furnished  by  such  insured  to  such insurer or insurers on a suitable
      blank form or forms. If the insured shall furnish proofs of loss  within
      sixty  days  after the receipt of such notice and such form or forms, or
      within any longer period of time specified in such notice, such  insured
      shall be deemed to have complied with the provisions of such contract of
      insurance relating to the time within which proofs of loss are required.
      Neither  the giving of such notice nor the furnishing of such blank form
      or forms by the insurer shall constitute a waiver of any stipulation  or
      condition of such contract, or an admission of liability thereunder.
        (b)  If  any  contract of insurance issued or delivered in this state,
      covering loss of or damage to property by fire provides that the insured
      give immediate notice, in writing,  to  the  insurer,  of  any  loss  or
      damage, it shall be sufficient compliance if immediate written notice is
      given,  by  or  on  behalf  of the insured, to any licensed agent of the
      insurer in this state,  with  particulars  sufficient  to  identify  the
      insured  and  the property insured under such contract and to notify the
      insurer of the time and place of such loss or damage.