Fire Insurance Claims Reference Guide - Comprehensive 50-State Coverage Analysis

Nationwide Sources dated Aug 2026 Download

Reference guide to fire insurance claims: ISO homeowners fire coverage components and loss types, proof of loss requirements under ISO HO-3 and the 1943 Standard Fire Policy with state timelines, vacancy/unoccupancy provisions, arson investigation and examination under oath, valued policy laws, debris removal, smoke and soot damage, mortgagee/loss payee rights, anti-concurrent causation, a 50-state + DC claims handling timeline table, wildfire and hurricane state provisions, documentation checklists and suit-limitation rules. Verified in August 2026 against ISO form descriptions in regulator guides, the Standard Fire Policy, statute text and the project's verified state datasets; rows carry inline source links.

Verification note (August 2026): statements checked against statute text, regulator-published descriptions of ISO HO-3 (ISO form text itself not retrieved), the 1943 Standard Fire Policy, IICRC standards and the project's verified per-state datasets (proof of loss, suit limitation, valued policy, FAIR plan, claims timelines); rows carry inline Source links. Still marked R.S. 22:1318 text (Louisiana valued policy row), the Oregon 'cannot cancel for a single loss in 5 years' claim (removed as a rule of law), ISO HO 00 03 and CP 00 10 form text, and the official opinion text for the Washington, West Virginia, Texas and Colorado causation cases. 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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Fire Insurance Claims Reference Guide

Last Updated: August 2026 (verified against ISO forms, the Standard Fire Policy and statutes)

Coverage Fundamentals

Fire Coverage Under ISO Homeowners Policies

Policy Form Fire Coverage Type Personal Property Notes
HO-2 (Broad Form) Named Peril Named Peril Fire is listed peril
HO-3 (Special Form) Open Peril (Dwelling) Named Peril Fire covered unless specifically excluded
HO-5 (Comprehensive) Open Peril Open Peril Broadest coverage
HO-6 (Condo) Named Peril Named Peril Unit owner coverage
HO-8 (Modified) Named Peril Named Peril Older/historic homes

[NC DOI Consumer Guide to Homeowners Insurance (coverage chart for HO 00 02 through HO 00 08): https://www.ncdoi.gov/consumers-guide-homeowners-insurance/open]

Fire Coverage Components

Coverage Section What It Covers Typical Limit
Coverage A - Dwelling Structure, attached fixtures, built-in appliances Full replacement cost
Coverage B - Other Structures Detached garage, shed, fences 10% of Coverage A (ISO HO-3 default)
Coverage C - Personal Property Contents, furniture, clothing 50% of Coverage A (ISO HO-3 default; 70% is common on HO-5)
Coverage D - Loss of Use ALE while home is uninhabitable 30% of Coverage A (ISO HO-3 default; 20% on HO-2/HO-8 and some carrier forms)
Additional Coverages Debris removal, fire department service charge, trees/shrubs See "Debris Removal Coverage" below

Types of Fire Losses

Loss Type Definition Settlement Basis
Total Loss Structure destroyed or repair cost exceeds value Valued Policy Law states: Full policy limit (see table below); elsewhere policy terms (ACV/RCV)
Constructive Total Loss Repair cost exceeds specified percentage of value State-specific threshold; not a defined term in the ISO HO-3 or the Standard Fire Policy
Partial Loss Damage to portion of structure/contents Actual repair/replacement cost

Proof of Loss Requirements

Standard Requirements (ISO HO-3 and 1943 Standard Fire Policy)

Requirement Timeframe Details
Notice of loss Prompt/Immediate Notify insurer as soon as practicable (SFP line 90: "immediate written notice")
Protect property Immediate Duty to protect the property from further damage
Cooperate with investigation Ongoing Exhibit the damaged property, provide records, submit to examination under oath (SFP lines 107-122)
Sworn Proof of Loss 60 days ISO HO-3: within 60 days after the insurer's request. Standard Fire Policy (N.Y. Ins. Law § 3404(e)): "within sixty days after the loss, unless such time is extended in writing" [https://www.nysenate.gov/legislation/laws/ISC/3404]
Inventory of damaged property With Proof of Loss "Inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss claimed" (SFP; ISO HO-3 Duties After Loss)

Note: many states have replaced or softened the 60-days-after-loss clock (e.g., New York Ins. Law § 3407: no forfeiture unless the insurer demands proof in writing and supplies forms, and then 60 days run from that demand; Oregon: 90 days after receipt of forms). See the state table below.

Proof of Loss Contents

Required Element Description
Date and cause of loss Time and origin of the loss
Policy number Identifying policy information
Insured's interest Interest of the insured and of all others in the property
Other insurance All other contracts of insurance covering the property
Changes in title/occupancy Any changes in title, use, occupation, location, possession or exposures since the policy was issued
Specifications of damaged building Specifications of the building and detailed repair estimates
Inventory of damaged personal property Itemized list with quantities, description, actual cash value and amount of loss claimed
Receipts/records Documentation supporting claimed values (ISO HO-3 duty to produce records)
Plans/specifications if requested For building claims

[Elements track lines 91-105 of the 1943 Standard Fire Policy, N.Y. Ins. Law § 3404(e): https://www.nysenate.gov/legislation/laws/ISC/3404; Oregon codification of the same clause: https://oregon.public.law/statutes/ors_742.230]

State-Specific Proof of Loss Timelines

State Timeline Citation
Oregon 90 days after receipt of proof-of-loss forms from the insurer (not 60) ORS 742.230 [https://oregon.public.law/statutes/ors_742.230]
California 60 days after the loss under the statutory Standard Fire Policy (many HO forms: 60 days after request); after a declared state of emergency the insurer may not demand proof sooner than 100 days after the loss Cal. Ins. Code § 2071 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=2071]; § 2051.5 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=2051.5]; 10 CCR § 2695.5(e) (insurer must supply forms)
New York 60 days after the insurer's written demand accompanied by blank forms (§ 3407); the SFP form text says 60 days after loss (§ 3404(e)). Late proof bars recovery without a showing of prejudice (Igbara Realty Corp. v. N.Y. Prop. Ins. Underwriting Ass'n, 63 N.Y.2d 201 (1984)) N.Y. Ins. Law §§ 3404(e), 3407 [https://www.nysenate.gov/legislation/laws/ISC/3407]
Texas 91 days after request under TDI-promulgated homeowners forms (form-based, not statutory); Prompt Payment of Claims Act deadlines run from receipt of required items Tex. Ins. Code ch. 542 [https://statutes.capitol.texas.gov/Docs/IN/htm/IN.542.htm]; TDI HO forms
Florida No statutory proof-of-loss deadline; policy terms control. Any proof-of-loss form must carry the statutory fraud warning in at least 18-point bold type Fla. Stat. § 626.8797 [http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0626/Sections/0626.8797.html]
Washington 60 days after loss (1943 NY Standard Fire Policy adopted); insurer must furnish forms on request WAC 284-20-010; RCW 48.18.460 [https://app.leg.wa.gov/rcw/default.aspx?cite=48.18.460]
Georgia 60 days after loss under the Commissioner-prescribed standard fire policy; policies commonly 60 days after request O.C.G.A. § 33-32-1; Ga. Comp. R. & Regs. 120-2-19-.01 [https://rules.sos.ga.gov/gac/120-2-19]
Louisiana No statutory deadline; policy terms control. Insurer must pay within 30 days after receipt of satisfactory proof of loss La. R.S. 22:1892 [https://legis.la.gov/Legis/Law.aspx?d=509041]
Arkansas Policy terms (60 days after request typical); insurer that fails to furnish forms within 20 days of reported loss waives proof of loss Ark. Code § 23-79-126 [https://law.justia.com/codes/arkansas/title-23/subtitle-3/chapter-79/subchapter-1/section-23-79-126/]
Illinois Policy terms (60 days after request typical); standard fire policy prescribed by the Director 215 ILCS 5/397; 50 Ill. Adm. Code 2301 [https://www.ilga.gov/Documents/legislation/ilcs/documents/021500050K397.htm]

Vacancy and Unoccupancy Provisions

Standard Fire Policy - 60-Day Vacancy Clause

Term Definition Coverage Impact
Vacant No people AND no contents (empty) Standard Fire Policy (lines 28-37): insurer "shall not be liable for loss occurring ... while a described building, whether intended for occupancy by owner or tenant, is vacant or unoccupied beyond a period of sixty consecutive days" - coverage is suspended for ALL perils, not merely reduced [N.Y. Ins. Law § 3404(e): https://www.nysenate.gov/legislation/laws/ISC/3404; ORS 742.216: https://oregon.public.law/statutes/ors_742.216]
Unoccupied Furnished but no one living there The Standard Fire Policy treats "vacant or unoccupied" alike (60-day suspension). ISO homeowners forms use only "vacant" and only for the vandalism peril; case law defines "unoccupied" as not in actual use as a habitation (Schmidt v. Underwriters at Lloyds of London, 191 Or. App. 340 (2004))

Coverage Impact After 60 Days Vacancy (by form)

Form Effect After 60 Consecutive Days Vacant
1943 Standard Fire Policy (and state codifications) All coverage suspended while the building is vacant or unoccupied beyond 60 consecutive days [https://www.nysenate.gov/legislation/laws/ISC/3404]
ISO Homeowners HO 00 03 Only the vandalism or malicious mischief peril is excluded if the dwelling has been vacant for more than 60 consecutive days immediately before the loss; fire coverage is NOT reduced or suspended by the ISO form (carrier-specific forms may differ). [ISO form language; official copy not retrieved in this pass - confirm against the policy]
ISO Commercial Property (CP 00 10 vacancy condition) Vandalism, sprinkler leakage, building glass breakage, water damage, theft and attempted theft are excluded; payment for any other covered loss (including fire) is reduced by 15%. This 15% rule is a commercial-form provision and does not appear in the Standard Fire Policy or HO-3. [ISO CP 00 10; not retrieved in this pass]
FAIR Plan / dwelling-fire forms Vary; some use 30 days for vandalism and 60 days for other causes of loss (e.g., Virginia Property Insurance Association commercial forms)

Vacancy Permit Endorsements

Feature Details
Purpose Extends coverage during vacancy periods
Duration Typically issued for a stated period (30-120 days is common); varies by carrier
Cost Additional premium required
Coverage Restores vandalism, water damage, etc.

Arson Investigation and EUO

Examination Under Oath (EUO) Framework

Aspect Details
Legal basis Policy condition (SFP lines 107-112: "submit to examinations under oath ... and subscribe the same"); also ISO HO-3 Duties After Loss
Format Sworn testimony before court reporter
Attorney representation Insured may have attorney present
Scope Broader than deposition; no pending lawsuit required
Consequence of refusal Claim denial for breach of cooperation duty (many states require willful refusal; some require insurer prejudice)
Fifth Amendment Generally cannot be invoked without coverage consequences

Arson Defense - Elements Insurers Must Prove

Element Description Evidence Types
Incendiary Origin Fire was intentionally set Fire investigator report, accelerant testing
Motive Financial or other reason to set fire Financial records, insurance history
Opportunity Insured could have set the fire Timeline, access, alibi

Note: the "arson triangle" is a litigation framework developed in case law (circumstantial-evidence standard, typically preponderance in civil cases), not a statutory test.

Fire Investigation Standards

Standard Description
NFPA 921 Guide for Fire and Explosion Investigations
NFPA 1033 Standard for Professional Qualifications for Fire Investigator
ATF Guidelines Federal fire-research and investigation guidance (Bureau of Alcohol, Tobacco, Firearms and Explosives)

Insurer Investigation Rights

Right Details
Hire private investigator Independent cause and origin investigation
Request financial records Bank statements, tax returns, debt records
Conduct EUO Sworn examination of insured and household members
Inspect premises Before and after repairs
Request documentation Receipts, photos, prior insurance claims

Valued Policy Laws by State

States with Valued Policy Laws (VPL)

State Perils Covered Total Loss Requirement Citation
Arkansas Fire or natural disaster (excludes flood and earthquake policies) Total loss; personal property and detached structures excluded Ark. Code § 23-88-101 [https://codes.findlaw.com/ar/title-23-public-utilities-and-regulated-industries/ar-code-sect-23-88-101/]
Florida Any covered peril Total loss of building/structure/mobile home; does not apply where a non-covered peril contributed unless covered perils alone would have caused the total loss Fla. Stat. § 627.702 [http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.702.html]
Georgia Fire only Wholly destroyed; one- or two-family residential building owned by natural persons; less depreciation since policy date; 30-day waiting period O.C.G.A. § 33-32-5 [https://codes.findlaw.com/ga/title-33-insurance/ga-code-sect-33-32-5/]
Kansas Fire, tornado, windstorm, lightning Wholly destroyed; improvements on real property; 60-day waiting period for new policies/25%+ increases (except lightning) K.S.A. § 40-905 [https://www.ksrevisor.gov/statutes/chapters/ch40/040_009_0005.html]
Louisiana Fire (statute); case law construes the policy amount rule Total loss La. R.S. 22:1318 (formerly § 22:695; renumbered by Acts 2008, No. 415) [statute text not retrieved in this pass - Not verified]
Minnesota Any covered peril Total loss: "whole amount mentioned in the policy" absent increased risk or intentional fraud; FAIR Plan may contest by clear and convincing evidence Minn. Stat. § 65A.08 subd. 2 [https://www.revisor.mn.gov/statutes/cite/65A.08]
Mississippi Fire only Buildings and structures totally destroyed by fire; builder's risk excluded Miss. Code § 83-13-5 [https://codes.findlaw.com/ms/title-83-insurance/ms-code-sect-83-13-5/]
Missouri Any covered peril Total loss of real property; face amount less deductible; excludes partial loss, personal property, detached structures, replacement-cost policies, blanket policies, fraud Mo. Rev. Stat. § 379.140 [https://revisor.mo.gov/main/OneSection.aspx?section=379.140]
Montana Any covered "loss or damage" Total loss of improvements on real property, without criminal fault Mont. Code § 33-24-102 [https://mca.legmt.gov/bills/mca/title_0330/chapter_0240/part_0010/section_0020/0330-0240-0010-0020.html]
Nebraska Fire, tornado, windstorm, lightning, explosion Real property wholly destroyed without criminal fault Neb. Rev. Stat. § 44-501.02 (§ 44-501.01 is the nuclear-exclusion authorization, not the VPL) [https://nebraskalegislature.gov/laws/statutes.php?statute=44-501.02]
New Hampshire Fire Building totally destroyed; sum insured taken as value absent fraudulent overinsurance; blanket policies excluded N.H. RSA 407:11 (not 407:16) [https://gc.nh.gov/rsa/html/XXXVII/407/407-11.htm]
North Dakota Any covered cause of loss Total loss of real property; policy amount conclusive absent fraud; 60-day rule for new policies N.D. Cent. Code § 26.1-39-05 (not -04) [verified in project VPL data]
Ohio Fire or lightning Buildings/structures (cellar and foundation walls excluded); insurer must inspect and fix insurable value Ohio Rev. Code § 3929.25 [verified in project VPL data]
South Carolina Fire only Real property; amount fixed at issuance; partial loss = actual loss up to limit S.C. Code § 38-75-20 [verified in project VPL data]
South Dakota Fire, tornado, lightning Real property; policy amount conclusive absent criminal fault; 90-day rule S.D. Codified Laws § 58-10-10 (not 58-10-8) [verified in project VPL data]
Tennessee Fire only (modified VPL) Insurer must inspect within 90 days and place an agreed value; otherwise policy value is conclusive on total loss Tenn. Code §§ 56-7-801 to -803 [verified in project VPL data]
Texas Fire only Total loss by fire of real property is a liquidated demand for the full policy amount; personal property excluded; clause must appear verbatim in every fire policy on real property Tex. Ins. Code § 862.053 [https://texas.public.law/statutes/tex._ins._code_section_862.053]
West Virginia Fire "or otherwise, as stated in the policy" (any peril insured under the fire policy) Total loss of real property = whole amount of insurance; partial loss = actual amount up to limit W. Va. Code § 33-17-9 [verified in project VPL data]
Wisconsin Any covered peril Real property owned and occupied by the insured primarily as a dwelling, wholly destroyed without criminal fault Wis. Stat. § 632.05(2) [verified in project VPL data]

States WITHOUT Valued Policy Laws

State Total Loss Settlement Notes
California ACV or RCV per policy terms Not a VPL state; policy terms control (Cal. Ins. Code § 2051 governs ACV measure)
New York ACV or RCV per policy terms Not a VPL state
Illinois ACV or RCV per policy terms Not a VPL state
Michigan ACV or RCV per policy terms Not a VPL state
Pennsylvania ACV or RCV per policy terms Not a VPL state
Oklahoma, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, Wyoming Policy terms control No valued policy statute located [verified in project VPL data]
All others not listed above Policy terms control Check individual state statutes

Debris Removal Coverage

Standard Coverage Structure (ISO HO-3, Section I Additional Coverages)

Coverage Type Typical Limit Notes
Included in Coverage A Part of dwelling limit Debris removal expense is included in the limit of liability that applies to the damaged property
Additional Coverage Additional 5% of the applicable limit Available only when the amount payable for the loss plus debris removal exceeds the limit of liability for the damaged property
Fallen-tree removal $1,000 per loss / $500 per tree (ISO HO 00 03 05 11) Tree must damage a covered structure, or block a driveway or a handicap access ramp; wind/hail/weight-of-ice-snow-sleet, or any Coverage C peril for neighbor's tree

[Michigan DIFS, Your Guide to Homeowners Insurance ("an additional 5% of the coverage limit may be available for debris removal"): https://www.michigan.gov/difs/-/media/Project/Websites/difs/Publication/Home/Homeowners_Insurance_Guide.pdf; Virginia SCC Homeowners Insurance Guide ("the policy will pay an additional 5% for debris removal"): https://www.scc.virginia.gov/media/sccvirginiagov-home/consumer-home/insurance/property-amp-casualty/virginia-homeowners-insurance-guide/hoguide.pdf]

Coverage Calculation Example

Item Amount
Coverage A (Dwelling) $300,000
Debris Removal (additional 5%) $15,000
Total potential debris coverage Up to $315,000 (the extra $15,000 applies only if loss plus debris removal exceeds $300,000)

What Debris Removal Covers

Covered Not Typically Covered
Removing fire-damaged structural materials Pre-existing debris
Hauling charred/burned items Tree removal where the tree did not damage a covered structure (see fallen-tree sublimit)
Demolishing unsafe structures Land/soil contamination cleanup
Clearing access for contractors Environmental remediation (pollutant extraction is excluded on most forms)

Trees, Shrubs and Other Plants (Separate Additional Coverage)

Coverage ISO HO-3 Limit
Per tree, shrub or plant $500 (ISO standard; some carriers offer $1,000)
Aggregate 5% of Coverage A
Perils Named perils only: fire or lightning, explosion, riot or civil commotion, aircraft, vehicles not owned by a resident, vandalism or malicious mischief, theft. Windstorm/hail damage to trees is NOT covered even on open-peril forms

[Virginia SCC Homeowners Insurance Guide ("usually limited to 5% of the policy limit on your dwelling with a $500 maximum per item"): https://www.scc.virginia.gov/media/sccvirginiagov-home/consumer-home/insurance/property-amp-casualty/virginia-homeowners-insurance-guide/hoguide.pdf; Michigan DIFS guide ("standard limit is $500 per item"): https://www.michigan.gov/difs/-/media/Project/Websites/difs/Publication/Home/Homeowners_Insurance_Guide.pdf]

Fire Department Service Charge (ISO HO-3)

Coverage Limit
Charges assumed by contract when the fire department is called to save or protect covered property $500 (no deductible) [Michigan DIFS guide: "standard limit is $500"]

Smoke and Soot Damage

Coverage Scope

Damage Type Coverage Section Notes
Smoke damage to structure Coverage A Walls, ceilings, HVAC systems
Smoke damage to contents Coverage C Furniture, clothing, electronics
Cleaning/remediation Coverage A/C Professional cleaning covered
Odor removal Coverage A/C Ozone treatment, sealing

Covered Smoke Damage Scenarios

Scenario Coverage
Fire in your home Covered
Fire in neighboring property Covered (smoke infiltration) - "smoke" is a named peril for Coverage C and covered under open-peril Coverage A
Wildfire smoke Covered if it causes direct physical damage; ISO "smoke" peril requires sudden and accidental damage
Friendly fire smoke Generally covered (subject to the sudden-and-accidental requirement)
Fireplace/heating equipment Covered if sudden/accidental

Common Smoke Damage Exclusions

Exclusion Reason
Cigarette/tobacco smoke Gradual damage; not "sudden and accidental"
Long-term fireplace use Maintenance issue
Industrial/agricultural smoke ISO smoke peril excludes "smoke from agricultural smudging or industrial operations"
Smoke without physical damage No "direct physical loss"

IICRC Standards for Fire/Smoke Remediation

Standard Description
ANSI/IICRC S700 Standard for Professional Fire and Smoke Damage Restoration (the fire-specific standard)
ANSI/IICRC S500 Standard for Professional Water Damage Restoration (suppression water)
ANSI/IICRC S520 Standard for Professional Mold Remediation (post-suppression mold)
IICRC FSRT Fire and Smoke Restoration Technician certification

[IICRC standards list: https://iicrc.org/iicrcstandards/]


Mortgagee and Loss Payee Requirements

Types of Loss Payee Clauses

Clause Type Protections Key Difference
Simple Loss Payee Paid only if insured can collect Subject to insured's acts
Standard Mortgage Clause Independent contract; paid regardless of the insured's acts or neglect Separate coverage for mortgagee (SFP lines 68-85 "Mortgagee interests and obligations"; ISO HO-3 Mortgage Clause)
Lender's Loss Payable (ISO 438 BFU) Enhanced protections Notice of cancellation required

Claim Check Procedures

Claim Amount Typical Procedure
Small claims May be paid directly to insured (thresholds are set by servicer policy, not statute)
Over servicer threshold Joint check to insured and mortgagee
Total loss Mortgagee involvement required

Mortgagee Rights Under Standard Mortgage Clause

Right Description
Receive payment Up to unpaid loan balance
Advance notice ISO HO-3: at least 10 days' notice of cancellation or nonrenewal to the mortgagee (state statutes may require more)
Pay premium Can pay to keep policy in force
Separate claim Can file even if insured's claim denied

Fund Disbursement Process

Step Action
1 Insurance issues joint check
2 Insured endorses check
3 Mortgagee deposits to escrow account
4 Funds released as repairs progress
5 Final inspection before last disbursement

Anti-Concurrent Causation

Doctrine Overview

Doctrine Description Effect
Concurrent Causation Loss from multiple perils (covered + excluded) may be covered Favors policyholder
Anti-Concurrent Causation (ACC) Excludes loss if ANY cause is excluded peril Favors insurer
Efficient Proximate Cause Coverage if covered peril is dominant cause Middle ground

State Approaches

State Approach Citation
California Efficient Proximate Cause (statutory) - "An insurer is liable for a loss of which a peril insured against was the proximate cause, although a peril not contemplated by the contract may have been a remote cause" Cal. Ins. Code § 530 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=530]; § 532
North Dakota Efficient Proximate Cause by statute, BUT the statute expressly allows insurers to contract out ("An insurer may contract out of the efficient proximate cause doctrine") - so ACC clauses are enforceable N.D. Cent. Code § 26.1-32-03 [https://ndlegis.gov/cencode/t26-1c32.pdf]
Washington Efficient Proximate Cause; ACC clauses unenforceable to defeat it Case law: Safeco Ins. Co. v. Hirschmann, 112 Wn.2d 621 (1989); Vision One, LLC v. Philadelphia Indem. Ins. Co., 174 Wn.2d 501 (2012) [official opinion text not retrieved in this pass]
West Virginia Efficient Proximate Cause Case law: Murray v. State Farm Fire & Cas. Co., 203 W. Va. 477 (1998) [official opinion text not retrieved in this pass]
Texas Enforces ACC clauses Case law: JAW The Pointe, L.L.C. v. Lexington Ins. Co., 460 S.W.3d 597 (Tex. 2015) [official opinion text not retrieved in this pass]
Colorado Generally enforces ACC clauses Case law: Colo. Intergovernmental Risk Sharing Agency v. Northfield Ins. Co., 207 P.3d 839 (Colo. App. 2008) [official opinion text not retrieved in this pass]
Most other states ACC clauses generally enforceable Varies

Common ACC Clause Language

"We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss."


State-by-State Fire Claims Regulations

Claims Handling Timelines

Abbreviations: CD = calendar days, WD = working days, BD = business days, POL = proof of loss. Where a state has only a "reasonably promptly" standard (NAIC Model Act language with no day counts), that is shown rather than a number. Rows were reconciled against the project's verified claims-timeline data; the prior version's "30/30/30 - NAIC Model" entries were not supported and have been replaced.

State Acknowledgment Investigation Payment Citation
Alabama 15 CD Prompt (forms within 15 CD) 30 days after agreement 482-1-125 [https://admincode.legislature.state.al.us/api/chapter/482-1-125]
Alaska 10 WD Prompt (forms on receipt) 30 WD after POL (undisputed) 3 AAC 26.040/.070 [https://www.law.cornell.edu/regulations/alaska/3-AAC-26.070]
Arizona 10 WD Complete within 30 days of notice 30 days R20-6-801 [https://www.law.cornell.edu/regulations/arizona/Ariz-Admin-Code-SS-R20-6-801]
Arkansas 15 WD Complete within 45 CD 10 WD after processed Rule 43 [https://www.law.cornell.edu/regulations/arkansas/054-00-15-Ark-Code-R-SS-005]
California 15 CD Immediately, max 15 CD 30 CD after acceptance 10 CCR 2695.5/.7 [https://www.law.cornell.edu/regulations/california/10-CCR-2695.7]
Colorado Reasonably promptly Reasonably promptly 60 days after valid & complete claim Reg 5-1-14 (3 CCR 702-5); § 10-3-1104(1)(h) [https://www.sos.state.co.us/CCR/]
Connecticut Reasonably promptly Reasonably promptly Prompt § 38a-816(6) [https://www.cga.ct.gov/current/pub/chap_704.htm#sec_38a-816]
Delaware 15 WD 10 WD Prompt (no number) 18 DE Admin Code 902 [https://www.law.cornell.edu/regulations/delaware/18-Del-Admin-Code-SS-902-3.0]
Florida 7 CD Begin within 7 days after POL 60 days after notice (interest after) § 627.70131 [https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.70131.html]
Georgia 15 days POL forms within 15 days 10 days after amount agreed Rule 120-2-52 [https://rules.sos.ga.gov/gac/120-2-52]
Hawaii 15 WD Reasonable 30 CD after affirmation HRS § 431:13-103(a)(11) [https://www.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435H/HRS0431/HRS_0431-0013-0103.htm]
Idaho Reasonably promptly Reasonably promptly Prompt § 41-1329 [https://legislature.idaho.gov/statutesrules/idstat/Title41/T41CH13/SECT41-1329/]
Illinois 15 WD Reasonable 30 days after affirmation 50 IAC 919.40/.50/.80 [https://www.ilga.gov/commission/jcar/admincode/050/050009190000800R.html]
Indiana Reasonably promptly Reasonably promptly Prompt IC 27-4-1-4.5 [https://iga.in.gov/laws/2025/ic/titles/27#27-4-1-4.5]
Iowa 15 days Reasonable 30 days after affirmation 191 IAC 15.41 [https://www.legis.iowa.gov/docs/iac/rule/191.15.41.pdf]
Kansas 10 WD Complete within 30 days Prompt (no number) K.A.R. 40-1-34 [https://insurance.ks.gov/documents/department/regulations-adopted/article-1/40-1-34-attachment1.pdf]
Kentucky 15 days Prompt (no fixed day count) 30 days after affirmation of liability (offer due within 30 CD of POL) 806 KAR 12:095 §§5-6 [https://apps.legislature.ky.gov/law/kar/titles/806/012/095/]
Louisiana No acknowledgment deadline; initiate loss adjustment within 14 days of notice (30 days catastrophic loss) Initiate loss adjustment within 14 days of notification (30 days for catastrophic loss; commissioner may add up to 30 days by rule, one further extension needs legislative committee approval) 30 days after satisfactory POL (A(1)); 30 days after written settlement agreement (A(2)); bad-faith penalty 50% or $1,000 + fees (B(1)(a)); catastrophic first-party immovable-property claims penalized under §1892.2 instead La. R.S. 22:1892 (as amended through Acts 2025, No. 500); §22:1973 repealed by Acts 2024, No. 3, eff. July 1, 2024 [https://legis.la.gov/Legis/Law.aspx?d=509041]
Maine Reasonable time after written notice Prompt (reasonable) 30 days after POL (60 days fire policies per §3002); 1.5%/month interest if overdue 24-A M.R.S. §2436 / §2436-A [https://legislature.maine.gov/statutes/24-A/title24-Asec2436.html]
Maryland 15 WD Written notice if not complete in 45 days Not specified (prompt settlement, Ins. §27-303) COMAR 31.15.07.03-.04 [https://regs.maryland.gov/us/md/exec/comar/31.15.07.03]
Massachusetts Reasonably promptly Reasonably promptly Reasonably promptly M.G.L. c.176D §3(9) [https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter176D/Section3]
Michigan Prompt Specify POL materials within 30 days of claim 60 days after satisfactory POL (12% simple interest thereafter) MCL 500.2006(3)-(4) [https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-500-2006]
Minnesota 10 BD Complete and inform within 30 BD of notice (else state reason and expected date) 5 BD after agreement Minn. Stat. §72A.201 subd. 4-5 [https://www.revisor.mn.gov/statutes/cite/72A.201]
Mississippi No statutory number (§ 83-5-45 unfair practices; no acknowledgment deadline) No statutory number No statutory number for property (§ 83-9-5 prompt-pay applies to health only) None for property; Miss. Code § 83-5-45; Miss. Admin. Code Title 19 Parts 1 and 5 contain no claims-handling deadline rule [https://codes.findlaw.com/ms/title-83-insurance/ms-code-sect-83-5-45/]
Missouri 10 WD Complete within 30 days of notice Not specified for property (prompt settlement) 20 CSR 100-1.030/.040/.050 [https://www.sos.mo.gov/cmsimages/adrules/csr/current/20csr/20c100-1.pdf]
Montana Reasonable Reasonable 30 days after POL (10% interest if late) Mont. Code Ann. §33-18-232 [https://mca.legmt.gov/bills/mca/title_0330/chapter_0180/part_0020/section_0320/0330-0180-0020-0320.html]
Nebraska 15 WD Begin within 15 WD 15 WD after claimant acceptance 210 NAC 60 §§006-008 [https://doi.nebraska.gov/sites/default/files/doc/Chapter%2060.pdf]
Nevada 20 WD Begin within 20 WD; complete within 30 days 30 days after acceptance (interest per NRS 99.040 if late) NAC 686A.665-.675 [https://www.leg.state.nv.us/nac/nac-686a.html]
New Hampshire 10 WD Commence within 5 WD 5 WD after agreement N.H. Admin. Code Ins 1002.05 [https://gc.nh.gov/rules/state_agencies/ins1000.html]
New Jersey 10 WD (11:2-17.6(b)); 10 WD reply to other claimant communications; 15 WD to Department inquiries Prompt; claim forms/assistance within 10 WD (11:2-17.6) 10 WD after settlement agreement or receipt of final POL/completion of conditions (11:2-17.8 / 17.7(d)); payment statement issued contemporaneously (11:2-17.8(k)) N.J.A.C. 11:2-17.6 to 17.8 [https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-11-2-17-7]
New Mexico Reasonably promptly (§ 59A-16-20(B)); no working-day number Reasonably promptly (§ 59A-16-20(C)) Prompt (no number outside catastrophe) NMSA § 59A-16-20; 13.7.4 NMAC (Catastrophic Claims, eff. 3/1/2023) [https://www.law.cornell.edu/regulations/new-mexico/13-7-4-11-NMAC]
New York 15 BD (Reg 64) Commence within 15 BD (Reg 64) Not specified (prompt) 11 NYCRR 216 (Reg 64); Ins. Law §2601 [https://www.nysenate.gov/legislation/laws/ISC/2601]
North Carolina Reasonably promptly Prompt (reasonable standards) Prompt (10 BD after settlement for motor vehicle only, 11 NCAC 04 .0421) G.S. 58-63-15(11) [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_58/GS_58-63-15.html]
North Dakota Reasonably promptly Reasonably promptly Reasonable N.D.C.C. § 26.1-04-03(9) [https://ndlegis.gov/cencode/t26-1c04.pdf]
Ohio 15 days Prompt (15-day response to communications) 10 days after acceptance OAC 3901-1-54 [https://codes.ohio.gov/ohio-administrative-code/rule-3901-1-54]
Oklahoma 30 BD (OAC) / 30 days (36 O.S. § 1250.6) 45 BD after POL (OAC 365:15-3-6) / 60 days (§ 1250.7) No numeric deadline OAC 365:15-3-5 to -7; 36 O.S. §§ 1250.6-1250.7 [https://www.oid.ok.gov/wp-content/uploads/2019/10/18-11-07-C15S3.pdf]
Oregon 30 days 45 days after notice No numeric deadline OAR 836-080-0225 to -0235 [https://secure.sos.state.or.us/oard/view.action?ruleNumber=836-080-0235]
Pennsylvania 10 WD 30 days after notice No numeric deadline 31 Pa. Code §§ 146.5-146.7 [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/031/chapter146/chap146toc.html]
Rhode Island 15 days Prompt 30 days after affirmation of liability 230-RICR-20-40-2 [https://rules.sos.ri.gov/regulations/part/230-20-40-2]
South Carolina Reasonably promptly Prompt (no number) No unreasonable delay S.C. Code § 38-59-20 [https://www.scstatehouse.gov/code/t38c059.php]
South Dakota 30 days (acknowledge and act) Prompt (no number) Prompt SDCL 58-33-67(3) [https://sdlegislature.gov/api/Statutes/58-33-67.html]
Tennessee Reasonably promptly Prompt (no number) Prompt (bad-faith penalty after 60-day demand, § 56-7-105) Tenn. Code § 56-8-105 (0780-01-05 is RESERVED) [https://publications.tnsosfiles.com/rules/0780/0780-01/0780-01-05.pdf]
Texas 15 days (30 BD surplus lines) 15 days (commence + request items) 5 BD after notice of acceptance Tex. Ins. Code §§ 542.055-542.059 [https://statutes.capitol.texas.gov/Docs/IN/htm/IN.542.htm]
Utah 15 days 15 days (forms/assistance) 30 days after POL (if liability clear) R590-190-6, -9, -10 [https://adminrules.utah.gov/public/rule/R590-190/Current%20Rules]
Vermont 10 BD Prompt 10 BD after settlement agreed Reg. I-1979-02 (Rev.) §§ 5-6 [https://dfr.vermont.gov/sites/finreg/files/regbul/dfr-regulation-insurance-i-1979-02-revised-fair-claims.pdf]
Virginia 15 CD Prompt (45-CD delay notices) No numeric deadline 14VAC5-400-50, -60 [https://law.lis.virginia.gov/admincode/title14/agency5/chapter400/section60/]
Washington 10 WD 30 days after notice 15 BD after signed release/settlement docs WAC 284-30-330, -360, -370, -380 [https://app.leg.wa.gov/wac/default.aspx?cite=284-30&full=true]
West Virginia 15 WD 15 WD 15 WD after agreement W. Va. Code R. § 114-14-5, -6 [https://apps.sos.wv.gov/adlaw/csr/readfile.aspx?DocId=10621&Format=WORD]
Wisconsin 10 consecutive days Reasonable dispatch 30 days (7.5% interest) Wis. Admin. Code Ins 6.11; Wis. Stat. § 628.46 [https://docs.legis.wisconsin.gov/statutes/statutes/628/iii/46]
Wyoming Prompt Prompt 45 days (same clock) Wyo. Stat. § 26-15-124(b) [https://wyoleg.gov/statutes/compress/title26.pdf]
Washington, D.C. Reasonably promptly Reasonably promptly Reasonably promptly § 31-2231.17 [https://code.dccouncil.gov/us/dc/council/code/sections/31-2231.17]

Wildfire-Prone States: Special Provisions

State Special Provision Citation
California ALE for at least 24 months from inception of the loss, plus up to 12 more months (36 total) for delays beyond the insured's control Cal. Ins. Code § 2060 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=2060]
California Contents advance of no less than 60% of the personal-property limit (up to $350,000) without an itemized inventory after a total loss of a furnished primary dwelling in a state of emergency Cal. Ins. Code § 10103.7 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=10103.7]
California After a total loss caused by a disaster, insurer must offer renewal for at least the next two annual renewal periods (no less than 24 months); one-year moratorium on cancellation/non-renewal in ZIP codes in or adjacent to a wildfire emergency perimeter Cal. Ins. Code § 675.1 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=675.1]
California Replacement-cost collection period at least 12 months (36 months after a state of emergency); proof of loss may not be demanded sooner than 100 days after a state-of-emergency loss Cal. Ins. Code § 2051.5 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=2051.5]
California FAIR Plan available as insurer of last resort Cal. Ins. Code § 10090 et seq.; https://www.cfpnet.com/
Colorado ALE at least 12 months on replacement-cost homeowners policies, with a mandatory offer of up to 24 months; after a governor-declared wildfire disaster ALE at least 24 months plus two 6-month extensions; contents advance of at least 30% without inventory (65% after a declared wildfire disaster); 365 days to submit inventory Colo. Rev. Stat. § 10-4-110.8(6), (11), (13), (14) [https://colorado.public.law/statutes/crs_10-4-110.8]
Colorado FAIR Plan (Colorado FAIR Plan Association) available https://www.coloradofairplan.com/
Oregon Oregon FAIR Plan Association available (basic fire/DP forms) https://orfairplan.com/
Oregon "Cannot cancel for a single loss in 5 years" - NOT VERIFIED and removed as a rule of law: ORS 746.270 governs variable life insurance illustrations, not property cancellation [https://oregon.public.law/statutes/ors_746.270]
Washington Washington FAIR Plan available (dwelling fire, ACV) https://www.wafairplan.com/
Arizona No FAIR Plan exists in Arizona (prior citation to A.R.S. § 20-2801 was incorrect) Arizona DIFI: https://difi.az.gov/

Hurricane/Coastal States: Special Fire Provisions

State Special Provision Citation
Florida Citizens Property Insurance Corporation as insurer of last resort (eligibility caps on dwelling replacement cost) Fla. Stat. § 627.351(6)
Louisiana Louisiana Citizens available; insurer must pay within 30 days after satisfactory proof of loss and initiate adjustment within 14 days of notice (30 days in a declared catastrophe) La. R.S. 22:1892 [https://legis.la.gov/Legis/Law.aspx?d=509041]
Texas TWIA for coastal wind (14 coastal counties plus part of Harris County); Texas FAIR Plan Association statewide; fire claims governed by the Prompt Payment of Claims Act Tex. Ins. Code ch. 2210 (TWIA); ch. 2211 (TFPA); ch. 542
Mississippi MWUA for coastal wind (six coastal counties); MRPIUA for basic fire statewide Miss. Code § 83-34-1 et seq.
Alabama AIUA for wind in Baldwin and Mobile counties south of the 31st parallel (fire/EC only in limited cases) https://www.aiua.org/about-aiua

States with Specific Fire Insurance Statutes

State Statute Key Provision
New York N.Y. Ins. Law § 3404 1943 Standard Fire Policy (165 lines) set out in § 3404(e) [https://www.nysenate.gov/legislation/laws/ISC/3404]
California Cal. Ins. Code §§ 2070-2071 California Standard Form Fire Insurance Policy [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=2071]
Texas Tex. Ins. Code ch. 2301 Policy-form regulation (residential property forms are TDI-promulgated/approved); Texas does not codify the NY Standard Fire Policy [https://texas.public.law/statutes/tex._ins._code_section_2301.003]
Florida Fla. Stat. § 627.701 Coinsurance and deductible rules (heading: "Liability of insureds; coinsurance; deductibles"), not a general fire-policy statute; VPL is § 627.702 [https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.701.html]
Illinois 215 ILCS 5/397; 50 Ill. Adm. Code 2301 Standard fire policy prescribed by the Director (215 ILCS 5/143 is the general policy-form filing statute) [https://www.ilga.gov/Documents/legislation/ilcs/documents/021500050K397.htm]
Oregon ORS 742.200-742.246 Oregon codification of the Standard Fire Policy (90-day proof of loss, 60-day vacancy, 24-month suit clause) [https://oregon.public.law/statutes/ors_742.240]
Washington WAC 284-20-010; RCW 48.18.460 1943 NY Standard Fire Policy adopted by rule [https://app.leg.wa.gov/rcw/default.aspx?cite=48.18.460]
Arizona A.R.S. § 20-1503 Adopts the 1943 NY Standard Fire Policy [https://www.azleg.gov/ars/20/01503.htm]

Documentation Checklist for Fire Claims

Immediately After Fire

Document Purpose
Fire department incident report Official cause determination
Police report (if applicable) Theft, arson investigation
Photos/video of damage Document extent of loss
Emergency service receipts Board-up, tarping
Temporary housing receipts ALE documentation

For Structure Claim

Document Purpose
Property deed Prove ownership/insurable interest
Mortgage statement Identify loss payee
Prior appraisals Establish pre-loss value
Contractor estimates Repair cost documentation
Building permits Original construction documentation
Architectural plans If available

For Contents Claim

Document Purpose
Room-by-room inventory Detail all damaged items
Original receipts Prove purchase price/date
Photos of items Pre-loss condition
Credit card statements Prove purchases
Appraisals (jewelry, art) High-value items
Serial numbers Electronics, appliances

For ALE Claim

Document Purpose
Hotel/rental receipts Housing expenses
Restaurant receipts Increased food costs
Gas receipts/mileage logs Transportation
Storage receipts Personal property
Pet boarding receipts Animal care
Utility bills (both locations) Increased costs

Suit Limitation Under the Standard Fire Policy

Form / State Suit Deadline Citation
1943 NY Standard Fire Policy (lines 157-161) "unless commenced within twenty-four months next after inception of the loss" N.Y. Ins. Law § 3404(e) [https://www.nysenate.gov/legislation/laws/ISC/3404]
Oregon 24 months after inception of the loss ORS 742.240 [https://oregon.public.law/statutes/ors_742.240]
Virginia 2 years from inception of loss in the standard fire policy Va. Code § 38.2-2105 [verified in project suit-limitation data]
California 12 months after inception of the loss (statutory SFP), tolled during claim handling Cal. Ins. Code § 2071 [verified in project suit-limitation data]
Florida 5 years from date of loss for property-insurance breach actions Fla. Stat. § 95.11(2)(e) [verified in project suit-limitation data]
Texas Contractual suit clauses enforceable but may not be shorter than 2 years Tex. Civ. Prac. & Rem. Code § 16.070 [verified in project suit-limitation data]
Mississippi, Arkansas, Nebraska, North Dakota, South Dakota Contractual suit-limitation clauses shorter than the statutory period are void or restricted Miss. Code § 15-1-5; Ark./Neb. rules; N.D.C.C. § 9-08-05; SDCL 53-9-6 [verified in project suit-limitation data]

Always check the policy's own "Suit Against Us" clause and the state's minimum-period statute; many homeowners forms use 1 or 2 years from the date of loss.


Authority Subject Matter Reference
1943 New York Standard Fire Policy 165-line standard form N.Y. Ins. Law § 3404(e) [https://www.nysenate.gov/legislation/laws/ISC/3404]
NFPA 921 Fire investigation standards National Fire Protection Association
ISO HO 00 03 Homeowners policy form (Special Form) Insurance Services Office (now Verisk)
NAIC Unfair Claims Settlement Practices Act / Model Regulation Unfair claims practices National Association of Insurance Commissioners (Model 900 / 902)
State Insurance Codes State-specific requirements Individual state statutes

State Insurance Department Resources

State Department Website
California Department of Insurance insurance.ca.gov
Florida Office of Insurance Regulation floir.com
Texas Department of Insurance tdi.texas.gov
New York Department of Financial Services dfs.ny.gov
Colorado Division of Insurance doi.colorado.gov
Georgia Office of Insurance and Safety Fire Commissioner oci.georgia.gov
Louisiana Department of Insurance ldi.la.gov
Oregon Division of Financial Regulation dfr.oregon.gov
Washington Office of the Insurance Commissioner insurance.wa.gov
Arizona Department of Insurance and Financial Institutions difi.az.gov

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


Verification & Sources

Verified August 2026. Primary sources actually consulted for this revision:

Items marked "Not verified" or "not retrieved in this pass": La. R.S. 22:1318 text; ISO HO 00 03 and CP 00 10 form text (regulator descriptions used instead); official opinion text for the Washington, West Virginia, Texas and Colorado causation cases.

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