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
1Your policy and the insurer's request letter
2Your draft proof of loss, receipts and inventory of items
3Photos and estimates of the damage
4Financial or other records the insurer has asked for
How a referral works
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.
2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
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.
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