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Additional Living Expenses (ALE) & Loss of Use Reference Guide

Nationwide Sources dated Aug 2026 Download

Reference guide to Coverage D - Loss of Use (Additional Living Expenses, Fair Rental Value and Civil Authority) under ISO homeowners forms: coverage components, covered and excluded expenses, the increased-expense calculation method, state-specific ALE statutes, a 50-state + DC regulatory table, hurricane/wildfire/tornado considerations, documentation requirements, common disputes and bad-faith indicators. Every state row and policy-language statement was re-checked in August 2026 against ISO Coverage D wording as quoted in reported decisions, statute text and regulator bulletins, and each verified row carries a Source link. Figures that could not be confirmed from an official text are marked 'Not verified' in the table and should not be relied on.

Verification note (August 2026): rows checked against statute text, state insurance department bulletins and court opinions quoting ISO Coverage D; verified rows carry a Source link. Connecticut, Illinois, Kansas, Massachusetts, North Carolina and Wisconsin statutes set 'reasonable promptness' standards without day counts. All master-table rows were verified against a primary source by the August 28, 2026 follow-up pass; none remain flagged.

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Additional Living Expenses (ALE) & Loss of Use Reference Guide

Last Updated: August 2026 (verified against ISO forms, statutes and bulletins)

Coverage Overview

Term Definition Policy Section
Additional Living Expenses (ALE) "Any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living" while the residence premises is "not fit to live in" after a covered loss Coverage D
Loss of Use Umbrella term covering ALE, Fair Rental Value, and Civil Authority provisions Coverage D
Fair Rental Value Lost rental income for the part of the residence premises rented to others or held for rental, "less any expenses that do not continue" while it is not fit to live in Coverage D
Civil Authority Coverage when a civil authority prohibits use of the residence premises as a result of direct damage to neighboring premises by a Peril Insured Against Coverage D

[ISO Coverage D wording as quoted in court opinions, e.g. Dupree v. Lafayette Ins. Co., 2009-2602 (La. 11/30/10); Hayes v. Liberty Ins. Corp. (6th Cir. May 15, 2013); Foremost Ins. Co. v. Parham (Ala. 1997) — https://www.casemine.com/search/us?q=%22shortest+time+required+to+repair+or+replace+the+damage+or%2C+if+you+permanently+relocate%22]

Coverage D Components (ISO HO-3)

Component Trigger What It Covers
Additional Living Expenses Home "not fit to live in" due to a covered loss Necessary increase in living expenses to maintain the household's normal standard of living
Fair Rental Value Rented/held-for-rental portion not fit to live in Fair rental value less expenses that do not continue
Civil Authority Prohibits Use Civil authority prohibits use as a result of direct damage to neighboring premises by a Peril Insured Against ALE and/or FRV "for no more than two weeks"

Payment for ALE/FRV is "for the shortest time required to repair or replace the damage or, if you permanently relocate, the shortest time required for your household to settle elsewhere." The periods of time are not limited by expiration of the policy. [ISO-derived wording reproduced in California FAIR Plan form CFP 00 01 (05/2026), which "includes copyrighted material of Insurance Services Office, Inc.": https://www.cfpnet.com/wp-content/uploads/2026/01/Dwelling-Fire-Policy_effective-3-17-26.pdf; and as quoted in Four Roses, LLC v. First Protective Ins. Co. (N.C. Ct. App. July 19, 2022)]

Standard Coverage Limits by Policy Form

The ISO HO 00 03 form itself does not state a percentage; the Coverage D limit is printed in the Declarations under ISO's program rules. The percentages below are the conventional ISO program defaults. [Not verified against a current ISO Homeowners Policy Program Manual in this review — that manual is proprietary. State consumer guides still describe "20 percent of Coverage A" as typical: California DOI Residential Insurance Guide, https://www.insurance.ca.gov/01-consumers/105-type/95-guides/03-res/res-ins-guide.cfm; Wisconsin OCI Consumer's Guide to Homeowner's Insurance PI-015 (R 07/2026), https://oci.wi.gov/Documents/Consumers/PI-015.pdf]

Policy Form Coverage D Limit (conventional ISO default) Time Limit Notes
HO-2 (Broad Form) 30% of Coverage A No fixed month limit under ISO wording — "shortest time required" to repair/replace or settle elsewhere Named perils
HO-3 (Special Form) 30% of Coverage A (older editions and many non-ISO forms: 20%) Same Most common form
HO-5 (Comprehensive) 30% of Coverage A Same Open perils
HO-6 (Condo) 50% of Coverage C (personal property) — not Coverage A Same Unit owners
HO-8 (Modified) 10% of Coverage A Same Older homes
Renters (HO-4) 30% of Coverage C Same Personal property basis

Note: Some non-ISO carrier forms impose a fixed calendar cap in place of, or in addition to, the "shortest time required" wording — e.g. a 12-month cap in the Erie form litigated in Woodworth v. Erie Ins. Co., 743 F. Supp. 2d 201 (W.D.N.Y. 2010), and a 24-month cap in the State Farm form litigated in Jones v. State Farm Fire & Cas. Co. (N.Y. Sup. Ct. Sept. 21, 2020). Read the specific policy. [https://www.casemine.com/search/us?q=%22Woodworth%22+%22Erie%22+%22additional+living+expenses%22]

Covered Expenses

Expense Category What's Covered What's NOT Covered
Housing Hotel, motel, short-term rental, apartment Luxury accommodations beyond comparable standard
Food Increased meal costs (restaurant vs. home cooking) Normal grocery expenses you would have spent anyway
Transportation Additional mileage, gas, rental car if needed Normal commute costs
Storage Moving and storage of belongings Long-term storage beyond reasonable repair period
Pet Boarding Kennel fees when temp housing doesn't allow pets Routine pet care expenses
Laundry Laundromat fees without washer/dryer access Normal laundry you would have done at home
Utilities Increased utility costs at temporary location Utilities equal to or less than normal
Communication Higher phone/internet costs due to relocation Normal phone/internet bills

These categories are illustrative applications of the "necessary increase in living expenses" standard; ISO forms do not enumerate them. California requires insurers to give ALE claimants "a list of items that the insurer believes may be covered under the policy as additional living expenses." [Cal. Ins. Code § 2060(a): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=2060]

Expenses NOT Covered Under ALE

Exclusion Reason
Mortgage/rent payments Obligation continues regardless of occupancy (not an "increase")
Property taxes Obligation continues regardless of occupancy
Homeowner's insurance premiums Obligation continues regardless of occupancy
Child care Pre-existing expense
Normal grocery costs Not an "increased" expense
Clothing purchases Unless directly damaged in loss (Coverage C, not D)
Entertainment Not a necessary living expense
Expenses from non-covered perils Flood, earthquake (without endorsement), wear/tear
Lease cancellation ISO-derived forms: "We do not cover loss or expense due to cancellation of a lease or agreement" [CFP 00 01 (05/2026)]

"Increased Expense" Calculation Method

Scenario Normal Expense Displaced Expense ALE Covered
Food (family of 4) $400/week groceries $600/week eating out $200/week
Utilities $200/month $350/month at temp housing $150/month
Transportation $100/month gas $250/month (longer commute) $150/month
Laundry $0 (home washer) $60/month laundromat $60/month

State-Specific ALE Regulations

State Regulation Key Provisions Citation
California Mandatory 24 months of ALE after a loss relating to a declared state of emergency ALE "for a period of no less than 24 months from the inception of the loss"; insurer "shall grant an extension of up to 12 additional months, for a total of 36 months" if the insured, acting in good faith and with reasonable diligence, encounters delays beyond their control; "additional extensions of six months shall be provided to policyholders for good cause" Cal. Ins. Code § 2060(b) [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=2060]
California ALE when home is uninhabitable / civil authority order in a state of emergency A policy providing ALE "shall not limit the policyholder's right to recovery if the insured home is rendered uninhabitable by a covered peril"; where a state of emergency is accompanied by an order of civil authority restricting access to the home, related to a covered peril, ALE "shall be provided for at least two weeks." The earlier claim that ALE applies "without direct damage if area declared unsafe by health officials" is not the statutory wording — Not verified Cal. Ins. Code § 2060 [same URL]
California Advance ALE payment Upon request, for a covered loss relating to a state of emergency (total loss of primary residence), insurer "shall ... render an advance payment of no less than four months of living expenses"; claims on/after Jan. 1, 2021 Cal. Ins. Code § 2061 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=2061]
California Replacement-cost collection window (often confused with ALE) § 2051.5(b) sets the time to collect full replacement cost: not less than 12 months from first ACV payment, or 36 months for a state-of-emergency loss, plus 6-month extensions for good cause. It does NOT contain the 24-month ALE rule (that is § 2060) Cal. Ins. Code § 2051.5 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=2051.5]
Colorado 12-month minimum ALE; 24-month option; enhanced wildfire rules "All homeowner's insurance replacement-cost policies for a dwelling must include additional living expense coverage ... available for a period of at least twelve months"; insurers "shall offer policyholders the opportunity to purchase a total of twenty-four months of ALE coverage." For a total loss of an owner-occupied residence in a governor-declared wildfire disaster: ALE "for a period of at least twenty-four months," with the offer to "twice extend such period by six months" for good-faith delays; loss-of-use payment "within twenty days after the insurer receives documentation"; recoverable depreciation window is the greater of 365 days after ALE expiration or 36 months after first ACV payment Colo. Rev. Stat. § 10-4-110.8(6)(b), (13)(c)-(e) (HB 22-1111) [https://codes.findlaw.com/co/title-10-insurance/co-rev-st-sect-10-4-110-8/; https://leg.colorado.gov/bills/hb22-1111]
Oregon 24 months of ALE after a declared state of emergency Insurer shall "provide additional living expenses to an insured, subject to the policy limits for additional living expenses, for a period of 24 months after the date of the damage or loss to the insured's primary dwelling" if the loss occurred in a location under an ORS 401.165 state-of-emergency declaration and is directly related to it; six-month extensions up to a total of 36 months for unavoidable delays (permits, materials, contractors, other circumstances beyond the insured's control) ORS 742.270(2)(b)-(c), as amended by SB 82 (2023) [https://oregon.public.law/statutes/ors_742.270; https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/SB82/Enrolled]. (ORS 742.242 is a subrogation provision, not an ALE statute.)
Florida No statutory ALE minimum; claims-handling deadlines apply Policy terms control ALE duration. Insurer must acknowledge claim communications within 7 calendar days, begin investigation within 7 days of proof of loss, and pay or deny within 60 days of notice of an initial, reopened or supplemental claim Fla. Stat. § 627.70131 [https://www.flsenate.gov/Laws/Statutes/2025/627.70131]
Louisiana Policy terms control ALE; prompt-payment statute Insurer "shall pay the amount of any claim due any insured within thirty days after receipt of satisfactory proofs of loss"; written offer to settle property damage claims within 30 days of satisfactory proof of loss (§ 1892(A)(1), (A)(4)); no ALE time minimum La. R.S. 22:1892 [as quoted by the Louisiana Supreme Court in Katie Realty, Ltd. v. La. Citizens Prop. Ins. Corp. (La. Oct. 16, 2012): https://www.casemine.com/search/us?q=%2222%3A1892%22+%22thirty+days+after+receipt+of+satisfactory+proofs+of+loss%22]
New York Unfair claim settlement practices; no ALE minimum § 2601 prohibits, e.g., "knowingly misrepresenting to claimants pertinent facts or policy provisions" and "failing to acknowledge with reasonable promptness pertinent communications as to claims." No ALE time period in the statute; the "12-month typical" figure is a policy-form observation (Erie form in Woodworth), not law N.Y. Ins. Law § 2601 [https://www.nysenate.gov/legislation/laws/ISC/2601]
Texas Policy terms control; TWIA ALE is an endorsement Private policies: no statutory ALE minimum. TWIA: ALE is provided only through the TWIA-320 "Extensions of Coverage" endorsement (additional premium), primary residences only, limit 20% of Coverage A (additional insurance), payable "for the reasonable time required to repair or replace the damage," not limited by policy expiration; expressly excludes expenses from voluntary/mandatory evacuation or civil-authority orders unless covered windstorm/hail damage made the residence untenantable TWIA-320 (eff. June 1, 2012) [https://www.twia.org/wp-content/uploads/2015/10/TWIA-320-Indirect-Loss-Coverage-Form.pdf]; Tex. Ins. Code §§ 542.055-.056 [https://texas.public.law/statutes/tex._ins._code_section_542.055]

Civil Authority Coverage

Element Standard Provision
Trigger "If a civil authority prohibits you from use of the 'residence premises'"
Cause requirement "as a result of direct damage to neighboring premises by a Peril Insured Against in this policy"
Typical duration "for no more than two weeks" (ISO HO 00 03 Coverage D.3) [CFP 00 01 (05/2026) ISO-derived wording; Four Roses, LLC v. First Protective Ins. Co. (N.C. Ct. App. 2022)]
What's covered Same as ALE and Fair Rental Value
Documentation needed Copy of evacuation order, dates of prohibition
State override California: in a declared state of emergency with a civil-authority order restricting access related to a covered peril, ALE "shall be provided for at least two weeks" [Cal. Ins. Code § 2060]

Civil Authority Requirements

Requirement Details
Physical damage nexus Direct damage must exist to premises other than the insured's (neighboring premises)
Covered peril Damage triggering order must be from a Peril Insured Against under the policy
Access prohibition Must actually prohibit use, not just recommend evacuation
Geographic proximity Damage must be to "neighboring premises"

Fair Rental Value (Landlords)

Aspect Standard Provision
Coverage limit HO forms: FRV shares the single Coverage D limit with ALE. Dwelling-fire forms vary: California FAIR Plan dwelling policy allows "up to 10% of the Coverage A limit" for FRV (reduces Coverage A) unless a separate FRV limit is purchased [CFP 00 01 (05/2026)]. The "20% of Coverage A" figure commonly cited for ISO DP-3 forms — Not verified in this review
What's covered Fair rental value "less any expenses that do not continue while that part of the residence premises rented or held for rental is not fit to live in"
Duration "Shortest time required to repair or replace" the damaged part; the ISO wording contains no 12-month cap and is "not limited by expiration of this policy" (corrected — earlier version said "12 months, whichever is less")
Civil Authority provision "No more than two weeks" if a civil authority prohibits use because of direct damage to neighboring premises

Fair Rental Value Calculation

Factor Treatment
Monthly rent amount Based on pre-loss rent or fair market rent (FAIR Plan form: not more than the monthly fair rental value; furnished vs. unfurnished equivalent depends on whether personal property coverage is carried)
Discontinued expenses Subtracted (utilities paid by landlord, etc.)
Partial loss Prorated based on portion unfit for normal use
Vacancy at time of loss Covered if the part was "held for rental"

Time Limits by State/Situation

Jurisdiction/Situation Time Limit Extension Available
California (state of emergency) 24 months minimum from inception of loss [§ 2060(b)] Up to 12 additional months (36 total) for good-faith delays; further 6-month extensions for good cause
Colorado (all replacement-cost policies) 12 months minimum [§ 10-4-110.8(6)(b)] Insurer must offer a 24-month option for purchase
Colorado (declared wildfire disaster, total loss) 24 months minimum [§ 10-4-110.8(13)(c)] Two 6-month extensions on request for good-faith delays
Oregon (declared state of emergency) 24 months after date of loss [ORS 742.270(2)(b)] 6-month increments up to 36 months total
Standard ISO policy No fixed calendar limit: "shortest time required to repair or replace" or to settle elsewhere; not limited by policy expiration Per policy terms; some non-ISO forms cap at 12 or 24 months
Civil Authority (ISO) 2 weeks California: at least 2 weeks by statute in a state of emergency
TWIA (Texas, TWIA-320 endorsement) "Reasonable time required to repair or replace"; not limited by policy expiration; dollar cap 20% of Coverage A Per endorsement

Documentation Requirements

Document Type Purpose When to Obtain
Receipts for all expenses Prove actual costs incurred Throughout displacement
Pre-loss expense records Establish normal spending baseline Before or immediately after loss
Hotel/rental agreements Document housing costs At time of booking
Mileage logs Track transportation increases Daily during displacement
Food receipts Document meal expenses Every purchase
Utility bills (both locations) Show increased costs Monthly
Pet boarding receipts Document animal care costs At time of service
Storage contracts Document moving/storage costs At time of service
Photos of uninhabitable conditions Prove need for displacement Immediately after loss

Common Claim Disputes

Dispute Insurer Position Policyholder Counter
"Home is habitable" Minor damage doesn't trigger ALE Document health/safety hazards, lack of utilities, code violations ("not fit to live in")
Time limit expired Coverage ends after policy period or a form's month cap ISO wording is "not limited by expiration of this policy"; cite state minimums (CA § 2060, CO § 10-4-110.8, OR 742.270); document delays beyond control
Expenses unreasonable Housing costs exceed policy contemplation Document comparable housing in area, show good faith efforts
Not "increased" expenses Claimed amounts are normal costs Provide pre-loss expense documentation
ALE beyond the form's month cap where the insurer's delay caused it Cap is absolute Under New York law, consequential damages for ALE beyond the cap may be sought where the insurer's breach delayed repair — Woodworth v. Erie Ins. Co., 743 F. Supp. 2d 201, 218 (W.D.N.Y. 2010), applying Bi-Economy Market v. Harleysville, 10 N.Y.3d 187 (2008). This is a New York consequential-damages theory, not a rule that ALE automatically "continues during appraisal" (corrected)
Civil Authority denial No formal evacuation order issued Document actual prohibition of use by a civil authority and the neighboring direct damage

Bad Faith Indicators in ALE Claims

Conduct Legal Implication
Unreasonable delays in processing Potential unfair claims practice / bad faith
Denial without valid reason Potential unfair claims practice / bad faith
Lowball offers despite clear evidence Potential unfair claims practice / bad faith
Misrepresenting policy terms Expressly listed unfair claim settlement practice (e.g. N.Y. Ins. Law § 2601(a); Mass. G.L. c. 176D § 3(9)(a))
Cutting off ALE while insurer-caused delay prevents repair Exposure to consequential damages in New York per Woodworth v. Erie (see above)
Requiring excessive documentation Potential unfair claims practice

ALE Endorsements and Options

Endorsement What It Does Typical Cost
Extended ALE limits Increases percentage of Coverage A / Coverage C Varies by carrier (earlier "$25-$100/year" figure — Not verified)
Actual Loss Sustained Removes dollar cap (reasonable expenses only) Varies by carrier
Extended time period Adds months where a form has a calendar cap; Colorado insurers must offer a 24-month option [§ 10-4-110.8(6)(b)] Varies by carrier
Guaranteed replacement ALE ALE continues until home fully rebuilt Premium policies

Calculation Example

Scenario: Family displaced for 6 months after fire

Category Normal Monthly Displaced Monthly Monthly ALE 6-Month Total
Housing (mortgage continues) $2,000 $3,500 rental $1,500 $9,000
Food $800 $1,400 $600 $3,600
Utilities $250 $400 $150 $900
Transportation $200 $400 $200 $1,200
Laundry $0 $80 $80 $480
Pet boarding $0 $300 $300 $1,800
Storage $0 $200 $200 $1,200
Total ALE Claim $3,030/mo $18,180
Authority Subject Matter Reference
ISO HO 00 03 Standard Coverage D provisions (ALE, FRV, Civil Authority two weeks, "shortest time required") Insurance Services Office; wording reproduced in CFP 00 01 (05/2026) and quoted in Dupree v. Lafayette Ins. Co. (La. 2010), Hayes v. Liberty Ins. Corp. (6th Cir. 2013), Four Roses v. First Protective (N.C. App. 2022)
Cal. Ins. Code § 2060 California 24-month ALE (36 with extension) after state of emergency; 2-week civil-authority minimum; ALE item list https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=2060
Cal. Ins. Code § 2061 4-month ALE advance payment on request (state of emergency, total loss) https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=2061
Cal. Ins. Code § 2051.5 Replacement-cost collection window (12 / 36 months) — not ALE https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=2051.5
Colo. Rev. Stat. § 10-4-110.8 Colorado 12-month minimum, 24-month offer, wildfire-disaster 24 months https://codes.findlaw.com/co/title-10-insurance/co-rev-st-sect-10-4-110-8/
ORS 742.270 (SB 82, 2023) Oregon 24-month ALE after declared emergency https://oregon.public.law/statutes/ors_742.270
Woodworth v. Erie Ins. Co., 743 F. Supp. 2d 201 (W.D.N.Y. 2010) Consequential damages for ALE beyond a 12-month cap where insurer's breach caused delay (Bi-Economy) Case law (W.D.N.Y.)
NAIC Unfair Claims Settlement Practices Act / Model Regulation Claims-handling standards adopted in state law National Association of Insurance Commissioners

Advance Payment Requirements

State Requirement Citation
California "Upon request by an insured, render an advance payment of no less than four months of living expenses" for a covered loss relating to a state of emergency (total loss of primary residence); further advances on a showing of need Cal. Ins. Code § 2061 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=2061]
Colorado (wildfire disaster, total loss) Loss-of-use payment "within twenty days after the insurer receives documentation of such loss" Colo. Rev. Stat. § 10-4-110.8(13)(e)
Other states Generally policy terms control Varies

Key Definitions (ISO Policy Language)

Term ISO Definition
"Residence premises" The one-family dwelling where you reside, shown as the "residence premises" in the Declarations
"Not fit to live in" Undefined term in the form; the condition triggering ALE/FRV when a covered loss makes the residence premises uninhabitable
"Additional living expense" "Any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living"
"Fair rental value" "The fair rental value of that part of the 'residence premises' rented to others or held for rental by you less any expenses that do not continue"
Payment period "The shortest time required to repair or replace the damage or, if you permanently relocate, the shortest time required for your household to settle elsewhere"

State-by-State ALE Regulations - All 50 States + DC

States with Specific ALE Statutory Requirements

State Statutory Minimum Key Provisions Citation
California 24 months (state of emergency) 24 months from inception of loss; up to 12 additional months (36 total) for good-faith delays; further 6-month extensions for good cause; at least 2 weeks ALE under a civil-authority order in an emergency; 4-month advance on request (total loss); insurer must give a list of potentially covered ALE items Cal. Ins. Code §§ 2060, 2061
Colorado 12 months (all replacement-cost policies); 24 months (declared wildfire disaster, total loss) Insurers must offer a 24-month option; wildfire-disaster total loss: two 6-month extensions on request; loss-of-use paid within 20 days of documentation; recoverable-depreciation window at least 365 days after ALE expiration or 36 months after first ACV payment, whichever is greater Colo. Rev. Stat. § 10-4-110.8 (HB 22-1111)
Oregon 24 months (declared state of emergency) Six-month extensions up to 36 months for unavoidable delays; same extension scheme applies to the replacement-cost window ORS 742.270 (SB 82, 2023)

States Following NAIC Model / Policy Terms

The following states have adopted versions of the NAIC Unfair Claims Settlement Practices Act and/or model regulation but do not mandate specific ALE time periods; ALE duration is governed by policy provisions. The claims-handling deadlines below are general first-party property deadlines, not ALE-specific. Deadlines were reconciled in August 2026 against the primary statute or regulation for every state (see Verification & Sources). Working/business days are noted where the rule uses them; otherwise days are calendar days.

State Regulatory Framework Claims Handling Timeline Special Notes
Alabama Ala. Admin. Code r. 482-1-125 Acknowledge within 15 calendar days; accept/deny within 30 days of proof of loss; pay within 30 days after agreement (482-1-125-.05/.07) Source Policy terms control ALE duration; ISO civil-authority coverage 2 weeks
Alaska 3 AAC 26.040, .070 Acknowledge within 10 working days; accept/deny within 15 working days of proof of loss; pay undisputed amounts within 30 working days of proof of loss (3 AAC 26.040/.070) Source Policy terms control ALE duration
Arizona A.A.C. R20-6-801 Acknowledge within 10 working days; complete investigation within 30 days; accept/deny within 15 working days of proof of loss [https://www.law.cornell.edu/regulations/arizona/Ariz-Admin-Code-SS-R20-6-801] Policy terms control
Arkansas Ark. Ins. Dept. Rule 43 Acknowledge within 15 working days; accept/deny within 15 working days of proof of loss; pay within 10 working days after the claim is processed (Rule 43) Source Policy terms control ALE duration
Connecticut C.G.S. § 38a-816(6) Reasonably promptly — no statutory day count (C.G.S. § 38a-816(6): acknowledge "with reasonable promptness"; decide within a reasonable time after proof of loss) Source Policy terms control
Delaware 18 Del. Admin. Code 902 Acknowledge within 15 working days; accept/deny within 30 days of proof of loss; payment "prompt" — no day count (18 DE Admin. Code 902) Source Policy terms control ALE duration
Florida Fla. Stat. § 627.70131 Acknowledge within 7 calendar days; begin investigation within 7 days of proof of loss; pay or deny within 60 days of notice of claim (corrected from 14/90 days) [https://www.flsenate.gov/Laws/Statutes/2025/627.70131] No statutory ALE minimum; hurricane deductibles of $500, 2%, 5%, 10% must be offered [Fla. Stat. § 627.701(3)(a): https://www.flsenate.gov/Laws/Statutes/2025/627.701]
Georgia Ga. Comp. R. & Regs. 120-2-52 Acknowledge within 15 days; accept/deny within 60 days of proof of loss; pay within 10 days after the amount is agreed (Rule 120-2-52) Source Policy terms control ALE duration
Hawaii HRS § 431:13-103(a)(11) Acknowledge within 15 working days; decide within a reasonable time after proof of loss (no day count); pay within 30 calendar days after affirming liability (HRS § 431:13-103(a)(11)) Source Policy terms control ALE duration
Idaho Idaho Code § 41-1329 Reasonably promptly — no statutory day count (Idaho Code § 41-1329) Source Policy terms control ALE duration
Illinois 50 Ill. Adm. Code 919.40, .50, .80 Acknowledge within 15 working days; decide within a reasonable time (no day count); pay within 30 days after affirming liability (50 IAC 919.40/.50/.80) Source Policy terms control
Indiana Ind. Code § 27-4-1-4.5 Reasonably promptly — no statutory day count (IC 27-4-1-4.5) Source Policy terms control ALE duration
Iowa Iowa Admin. Code 191-15.41 Accept/deny within 30 days of proof of loss; status letters every 45 days if incomplete [https://www.legis.iowa.gov/docs/iac/rule/191.15.41.pdf] Policy terms control
Kansas K.A.R. 40-1-34 Acknowledge within 10 working days; accept/deny within 15 working days of proof of loss; payment "prompt" — no day count (K.A.R. 40-1-34, adopting the NAIC model regulation; K.S.A. 40-2404(9) itself has no day counts) Source Policy terms control
Kentucky 806 KAR 12:095 §§ 5-6 Acknowledge within 15 days; accept/deny within 30 calendar days of proof of loss (or explain why more time is needed); pay within 30 days after affirming liability (806 KAR 12:095 §§ 5-6) Source Policy terms control ALE duration
Louisiana La. R.S. 22:1892 Pay amount due within 30 days after satisfactory proof of loss; written settlement offer on property damage claims within 30 days Policy terms control ALE; hurricane-prone
Maine 24-A M.R.S. §§ 2436, 2436-A Acknowledge within a reasonable time (no day count); pay within 30 days after proof of loss (60 days for fire policies per § 3002), 1.5%/month interest if overdue (24-A M.R.S. § 2436) Source Policy terms control ALE duration
Maryland COMAR 31.15.07.03-.04 Acknowledge within 15 working days; accept/deny within 15 working days of properly completed claim forms; payment: prompt settlement, no day count (COMAR 31.15.07.03-.04; Ins. § 27-303) Source Policy terms control ALE duration
Massachusetts M.G.L. c. 176D, § 3(9) Reasonably promptly — no statutory day count (M.G.L. c. 176D § 3(9)) Source Policy terms control
Michigan MCL 500.2006(3)-(4) Acknowledge promptly (no day count); no fixed accept/deny deadline; pay within 60 days after satisfactory proof of loss, 12% simple interest thereafter (MCL 500.2006(3)-(4)) Source Policy terms control ALE duration
Minnesota Minn. Stat. § 72A.201 subd. 4-5 Acknowledge within 10 business days; accept/deny within 60 business days of proof of loss; pay within 5 business days after agreement (§ 72A.201 subd. 4-5; corrected from "30 business days") Source Policy terms control
Mississippi Miss. Code § 83-5-45 Reasonably promptly — no statutory day count (Miss. Code § 83-5-45 unfair practices; § 83-9-5 prompt-pay applies to health only; no property claims-deadline rule in Miss. Admin. Code Title 19) Source Policy terms control; hurricane-prone
Missouri 20 CSR 100-1.030, .040, .050 Acknowledge within 10 working days; accept/deny within 15 working days after all forms/proof of loss submitted; payment: prompt settlement, no day count for property (20 CSR 100-1.030-.050) Source Policy terms control ALE duration
Montana Mont. Code Ann. § 33-18-232 Acknowledge within a reasonable time (no day count); pay or deny within 30 days of proof of loss (60 days if additional information requested); 10% interest if late (§ 33-18-232) Source Policy terms control ALE duration
Nebraska 210 Neb. Admin. Code ch. 60 §§ 006-008 Acknowledge within 15 working days; accept/deny within 15 working days of proof of loss (or explain why more time is needed); pay within 15 working days after claimant acceptance (210 NAC 60 §§ 006-008) Source Policy terms control ALE duration
Nevada NAC 686A.665-.675 Acknowledge within 20 working days; complete investigation within 30 days; accept/deny within 30 working days of proof of loss [https://www.leg.state.nv.us/nac/nac-686a.html] Policy terms control
New Hampshire N.H. Admin. Code Ins 1002.05 Acknowledge within 10 working days; accept/deny within 30 calendar days of notice of claim (delay letter if more time needed); pay within 5 working days after agreement (Ins 1002.05) Source Policy terms control ALE duration
New Jersey N.J.A.C. 11:2-17.7 Commence investigation within 10 working days; maximum payment period for first-party claims 30 calendar days from proof of loss [https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-11-2-17-7] Policy terms control
New Mexico NMSA § 59A-16-20; 13.7.4 NMAC Reasonably promptly — no statutory day count (§ 59A-16-20(B), (E)); catastrophic claims must be settled within 90 days after the superintendent declares a catastrophic loss (§ 59A-16-20(F); 13.7.4.11 NMAC, eff. 3/1/2023) Source Policy terms control ALE duration
New York N.Y. Ins. Law § 2601; 11 NYCRR 216 (Reg. 64) Acknowledge within 15 business days (Reg. 64 § 216.4); accept/deny within 15 business days of proof of loss (Reg. 64 § 216.6(c)) / 30 working days (Ins. Law § 2601(a)(4)); payment: prompt, no day count Source Must not unreasonably delay/deny; policy terms control
North Carolina N.C.G.S. § 58-63-15(11) Reasonably promptly — no statutory day count (G.S. 58-63-15(11); the 10-business-day payment rule in 11 NCAC 04 .0421 applies to motor vehicle claims only) Source Policy terms control
North Dakota N.D.C.C. § 26.1-04-03(9) Reasonably promptly — no statutory day count (N.D.C.C. § 26.1-04-03(9)) Source Policy terms control ALE duration
Ohio O.A.C. 3901-1-54(F), (G) Acknowledge within 15 days; accept/deny within 21 days of proof of loss [https://codes.ohio.gov/ohio-administrative-code/rule-3901-1-54] Policy terms control
Oklahoma OAC 365:15-3-5 to -7; 36 O.S. §§ 1250.6-1250.7 Acknowledge within 30 business days (OAC) / 30 days (36 O.S. § 1250.6); accept/deny within 45 business days of proof of loss (OAC) / 60 days (§ 1250.7, max 120); no numeric payment deadline Source Policy terms control; tornado-prone
Oregon ORS 742.270; OAR 836-080-0225 to -0235 ALE: 24 months after declared emergency (see above). Claims handling: acknowledge within 30 days; accept/deny within 30 days of proof of loss; no numeric payment deadline (OAR 836-080-0225 to -0235) Source. The "cannot cancel for one loss in 5 years" claim — Not verified See ALE statute row above
Pennsylvania 31 Pa. Code §§ 146.5-146.7 Acknowledge within 10 working days; accept/deny within 15 working days of proof of loss [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/031/chapter146/chap146toc.html] Policy terms control
Rhode Island 230-RICR-20-40-2 Acknowledge within 15 days; accept/deny within 21 days of proof of loss; pay within 30 days after affirming liability (230-RICR-20-40-2) Source Policy terms control ALE duration
South Carolina S.C. Code § 38-59-20 Reasonably promptly — no statutory day count (S.C. Code § 38-59-20: no unreasonable delay) Source Policy terms control
South Dakota SDCL 58-33-67(3) Acknowledge and act within 30 days; decision and payment "prompt" — no further day count (SDCL 58-33-67(3)) Source Policy terms control ALE duration
Tennessee Tenn. Code § 56-8-105 Reasonably promptly — no statutory day count (Tenn. Code § 56-8-105; rule 0780-01-05 is reserved; bad-faith penalty after 60-day demand under § 56-7-105) Source Policy terms control ALE duration
Texas Tex. Ins. Code §§ 542.055-.056 (Prompt Payment of Claims) Acknowledge, commence investigation and request items within 15 days of notice (30 business days for surplus lines); accept/reject within 15 business days of receiving all requested items (30 days if arson suspected) [https://texas.public.law/statutes/tex._ins._code_section_542.055; https://texas.public.law/statutes/tex._ins._code_section_542.056] TWIA ALE via TWIA-320 endorsement, 20% of Coverage A, reasonable time to repair
Utah Utah Admin. Code R590-190-6, -9, -10 Acknowledge within 15 days; accept/deny within 30 days of proof of loss; pay within 30 days of proof of loss where liability is clear (R590-190) Source Policy terms control ALE duration
Vermont Vt. Reg. I-1979-02 (Rev.) §§ 5-6 Acknowledge within 10 business days; accept/deny first-party claims within 15 business days of proof of loss; pay within 10 business days after settlement agreed (Reg. I-1979-02 §§ 5-6) Source Policy terms control ALE duration
Virginia 14VAC5-400-50, -60 Acknowledge within 15 calendar days; accept/deny within 15 calendar days of proof of loss; no numeric payment deadline (14VAC5-400-50, -60) Source Policy terms control ALE duration
Washington WAC 284-30-360, -370, -380 Acknowledge within 10 working days; complete investigation within 30 days; accept/deny within 15 working days of proof of loss [https://app.leg.wa.gov/wac/default.aspx?cite=284-30-370; https://app.leg.wa.gov/wac/default.aspx?cite=284-30-380] No ALE-specific statute located; policy terms control
West Virginia W. Va. Code R. §§ 114-14-5, -6 Acknowledge within 15 working days; accept/deny within 10 working days after investigation (delay notice if more than 30 calendar days from proof of loss); pay within 15 working days after agreement (§ 114-14-5, -6) Source Policy terms control ALE duration
Wisconsin Wis. Admin. Code Ins 6.11; Wis. Stat. § 628.46 Acknowledge within 10 consecutive days (Ins 6.11); decide within a reasonable time (no day count); pay within 30 days, 7.5% interest thereafter (Wis. Stat. § 628.46) Source Policy terms control
Wyoming Wyo. Stat. § 26-15-124(b) Acknowledge promptly (no day count); pay or deny within 45 days after receipt of the claim and supporting bills (§ 26-15-124(b)) Source Policy terms control ALE duration
Washington, D.C. D.C. Code § 31-2231.17 Reasonably promptly — no statutory day count (D.C. Code § 31-2231.17) Source Policy terms control ALE duration

Special State Programs and Considerations

State Special Program/Consideration Details
California FAIR Plan Dwelling policy's Coverage D is Fair Rental Value only (not ALE): up to 10% of Coverage A (reduces Coverage A), or a separately purchased FRV limit; civil authority 2 weeks; deductible does not apply to FRV [CFP 00 01 (05/2026): https://www.cfpnet.com/wp-content/uploads/2026/01/Dwelling-Fire-Policy_effective-3-17-26.pdf] (corrected — earlier version said "ALE limited to 10%")
California Wildfire / state-of-emergency losses Extended protections under Cal. Ins. Code §§ 2060-2061 (corrected from § 2051.5)
Florida Hurricane deductibles Statutory offered options of $500, 2%, 5% and 10% of dwelling limit [Fla. Stat. § 627.701(3)(a)]
Florida Citizens Property Insurance State-run insurer of last resort; policy terms govern ALE
Louisiana Citizens Property Insurance State-run insurer; policy terms govern ALE
Mississippi Mississippi Windstorm Underwriting Association Coastal wind coverage; policy terms govern ALE — Not verified
North Carolina NC Insurance Underwriting Association Beach Plan for coastal properties — Not verified
South Carolina SC Wind and Hail Underwriting Association Coastal wind coverage; policy terms govern ALE — Not verified
Texas TWIA (Texas Windstorm Insurance Association) ALE only via TWIA-320 Extensions of Coverage endorsement (added premium), primary residence only; 20% of Coverage A; "reasonable time required to repair or replace," not limited by policy expiration; evacuation/civil-authority expenses excluded unless covered damage made the home untenantable (corrected — earlier version said "no time limit, dollar limit only per declarations")
Texas Coastal counties Windstorm coverage often separate; ALE may vary

Hurricane-Prone States: Key ALE Considerations

State Hurricane Exposure ALE Notes
Alabama Gulf Coast ISO civil authority coverage 2 weeks; verify wind coverage includes ALE
Florida High Separate hurricane deductibles; 60-day pay/deny deadline (§ 627.70131)
Georgia Coastal Verify ALE included in wind policies
Louisiana High Wind exclusions common near coast; verify ALE coverage; 30-day payment rule (R.S. 22:1892)
Mississippi Gulf Coast Windstorm pool for coastal; verify ALE terms
North Carolina Atlantic Coast Beach Plan policies; verify ALE coverage
South Carolina Atlantic Coast Wind pool for coastal; ALE per policy terms
Texas Gulf Coast TWIA ALE only by TWIA-320 endorsement (20% of A); private policies per form terms

Wildfire-Prone States: Key ALE Considerations

State Wildfire Exposure ALE Notes
California Very High 24-month minimum (36 with extension) after state of emergency; 4-month advance; strongest ALE protections (§§ 2060-2061)
Colorado High 12-month minimum; 24-month option must be offered; 24 months + two 6-month extensions for declared wildfire disaster total loss (§ 10-4-110.8)
Oregon High 24 months after declared emergency, extendable to 36 (ORS 742.270); the "cannot cancel for single loss in 5 years" claim — Not verified
Arizona High Policy terms control; verify coverage limits
New Mexico High Policy terms control; verify coverage limits
Washington High Policy terms control; no ALE-specific statute located
Nevada Moderate-High Policy terms control; market availability issues
Montana High Policy terms control; verify coverage limits
Idaho Moderate Policy terms control; verify coverage limits
Utah Moderate Policy terms control; verify coverage limits

Tornado Alley States: Key ALE Considerations

State Tornado Exposure ALE Notes
Oklahoma Very High Policy terms control; verify wind deductible impact on ALE trigger
Kansas Very High Policy terms control; verify coverage limits
Nebraska High Policy terms control; NAIC Model adopted
Texas High Policy terms control; wind deductibles may apply
Iowa High Policy terms control; 30-day accept/deny rule (191-15.41)
Missouri High Policy terms control; verify coverage limits
Arkansas High Policy terms control; verify coverage limits
Illinois Moderate Policy terms control; verify coverage limits
Indiana Moderate Policy terms control; verify coverage limits

Claims Acknowledgment Timeline Summary

Timeline States
7 calendar days Florida (§ 627.70131)
10 working/business days Alaska (3 AAC 26.040), Arizona (R20-6-801), Kansas (K.A.R. 40-1-34), Minnesota (§ 72A.201, business days), Missouri (20 CSR 100-1.030), New Hampshire (Ins 1002.05), New Jersey (N.J.A.C. 11:2-17.6), Pennsylvania (31 Pa. Code § 146.5), Vermont (Reg. I-1979-02, business days), Washington (WAC 284-30-360); Wisconsin: 10 consecutive days (Ins 6.11)
15 days Calendar: Alabama (482-1-125), California (10 CCR 2695.5), Virginia (14VAC5-400-50). Working/business: Arkansas (Rule 43), Delaware (18 DE Admin. Code 902), Hawaii (HRS § 431:13-103), Illinois (50 IAC 919.40), Maryland (COMAR 31.15.07.03), Nebraska (210 NAC 60), New York (Reg. 64), West Virginia (§ 114-14-5). Unspecified/"days": Georgia (Rule 120-2-52), Iowa (191-15.41), Kentucky (806 KAR 12:095), Ohio (3901-1-54), Rhode Island (230-RICR-20-40-2), Texas (§ 542.055; 30 business days surplus lines), Utah (R590-190-6)
20 working days Nevada (NAC 686A.665)
30 days Oklahoma (OAC 365:15-3-5, business days; 36 O.S. § 1250.6), Oregon (OAR 836-080-0225), South Dakota (SDCL 58-33-67(3), "acknowledge and act")
"Reasonable promptness" / prompt (no day count) Colorado (Reg 5-1-14; § 10-3-1104(1)(h)), Connecticut (§ 38a-816(6)), District of Columbia (§ 31-2231.17), Idaho (§ 41-1329), Indiana (IC 27-4-1-4.5), Louisiana (R.S. 22:1892 — no acknowledgment deadline; loss adjustment must begin within 14 days of notice, 30 days for catastrophic losses), Maine (§ 2436), Massachusetts (c. 176D § 3(9)), Michigan (MCL 500.2006), Mississippi (§ 83-5-45), Montana (§ 33-18-232), New Mexico (§ 59A-16-20), North Carolina (§ 58-63-15(11)), North Dakota (§ 26.1-04-03(9)), South Carolina (§ 38-59-20), Tennessee (§ 56-8-105), Wyoming (§ 26-15-124)

State Insurance Department Resources

State Department Website
California Department of Insurance insurance.ca.gov
Colorado Division of Insurance doi.colorado.gov
Florida Office of Insurance Regulation floir.com
Louisiana Department of Insurance ldi.la.gov
New York Department of Financial Services dfs.ny.gov
Oregon Division of Financial Regulation dfr.oregon.gov
Texas Department of Insurance tdi.texas.gov

For all states, consult the state Department of Insurance for current regulations and filing requirements.

Verification & Sources

Verified August 2026 against the following primary sources (URLs actually retrieved):

Not verified in this review (proprietary or not retrievable): ISO Homeowners Policy Program Manual percentage defaults; O.C.G.A. § 33-6-34 (Georgia deadlines are taken from Rule 120-2-52 instead); the Oregon "cannot cancel for one loss in 5 years" claim; the full text of Woodworth v. Erie (characterized here from later opinions citing it).

Related Topics

additional living expenses ALE loss of use Coverage D fair rental value civil authority temporary housing displacement hotel costs food expenses increased expenses uninhabitable evacuation bad faith Woodworth v Erie NAIC model TWIA FAIR Plan Citizens hurricane wildfire tornado claims timeline state regulations

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