Insurance LawLawyer referralProof of loss and examination under oath

Proof of loss and examination under oath preparation

Preparing your sworn proof of loss and getting you ready for an insurer's examination under oath.

The policy and the insurer's letter usually set dates for the proof of loss and the examination; give the lawyer those dates at the start. Ontario Done by an Ontario lawyer, by referral

What is included

  • Explains what your policy requires in a proof of loss and an examination under oath
  • Reviews your proof of loss and supporting documents before you submit them
  • Prepares you for the examination under oath and attends it with you
  • Handles the insurer's document requests
  • Advises on next steps after the examination

What is not included

  • Court filing fees, reports and other disbursements
  • Appeals or later stages beyond the scope in the lawyer's written retainer
  • Claims against other people or companies unless added to the retainer
  • Fees of appraisers, adjusters, contractors or engineers you hire

Who this service is for

  • Policyholders asked to file a sworn proof of loss
  • Policyholders asked to attend an examination under oath
  • People with a large or complex property claim

Information to have ready

  1. 1Your policy and the insurer's request letter
  2. 2Your draft proof of loss, receipts and inventory of items
  3. 3Photos and estimates of the damage
  4. 4Financial or other records the insurer has asked for

How a referral works

  1. 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
  2. 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
  3. 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
  4. 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.

NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights

Frequently asked questions

What does the lawyer charge?

A typical Ontario fee for this service is $1,500–$5,000, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.

Do I have to attend an examination under oath?

If your policy requires it, refusing can put your claim at risk. A lawyer can help you prepare, attend with you and object to improper questions.

What if I make a mistake on the proof of loss?

Errors can cause delays or be used to question the claim, so have it reviewed before you sign. If you find an error later, tell the lawyer right away.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No outcome can be guaranteed
  • Limitation periods keep running during a referral, so act promptly
  • The lawyer confirms the scope, fee and steps in a written retainer before starting
Law Society of Ontario — Barreau de l'Ontario
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