Guides
Policy conditions: your duties under a homeowners policy
What a standard HO-3 requires of you after a loss, and what the insurer owes back: notice, proof of loss, suit deadlines, fraud and cancellation.
The conditions in a homeowners policy are the rules of conduct that apply once you make a claim. Under the standard ISO form (HO 00 03 05 11) you must give prompt notice, protect the property, cooperate with the investigation, document your loss, and send a signed, sworn proof of loss within 60 days after the insurer asks for it. If you fall short in a way that hurts the insurer's ability to investigate, the form lets the insurer refuse coverage.
Exclusions say what the policy will not pay for. Conditions say what you have to do for it to pay at all, and claims that are valid on the facts are sometimes lost on the conditions. This guide walks through the standard wording, flags where states commonly change it, and ends with a hypothetical timeline. Your own policy and your state's amendatory endorsement control.
Where the conditions sit in the policy
The ISO homeowners form splits its conditions into three groups:
- Section I Conditions apply to property losses: duties after loss, loss settlement, appraisal, suit against us, loss payment, the mortgage clause, concealment or fraud, and more.
- Section II Conditions apply to liability claims: duties after an occurrence, duties of an injured person, and suit against us.
- Sections I and II Conditions apply to the whole contract: waiver or change of provisions, cancellation, nonrenewal, assignment, subrogation and death of an insured.
Your duties after a property loss
Section I Condition C, "Duties After Loss," lists eight. The wording is that the insurer has no duty to provide coverage if your failure to comply is "prejudicial" to it. The duties may be performed by you, an insured seeking coverage, or a representative.
- Give prompt notice to the insurer or your agent. The form does not set a number of days. Many states have their own claim-notice rules, so report as soon as you can.
- Notify the police in case of theft, and the card company if a credit card or electronic fund transfer card is lost or stolen.
- Protect the property from further damage. Make reasonable and necessary repairs, and keep an accurate record of repair expenses. The policy separately pays reasonable costs of those protective measures; see reasonable repairs: what you can fix before the adjuster comes.
- Cooperate with the investigation, including returning calls and answering questions.
- Prepare an inventory of damaged personal property showing quantity, description, actual cash value and amount of loss, with the bills, receipts and records that support it. See filing a personal property claim: the contents list.
- As often as the insurer reasonably requires, show the damaged property, provide records and documents it asks for and let it copy them, and submit to an examination under oath, taken apart from other insureds, which you must sign.
- Send a signed, sworn proof of loss within 60 days after the insurer's request. It states the time and cause of loss, the interests of all insureds and others (including liens), other insurance that may cover it, changes in title or occupancy, the specifications and repair estimates, the inventory, and receipts for additional living expenses.
- Support any credit card or forgery claim with evidence stating the amount and cause of loss.
The 60-day period runs from the insurer's request, not from the date of loss. If a form never arrives, ask for it in writing. The NAIC's model unfair claims settlement practices act lists failing to provide necessary claim forms within 15 calendar days of a request among its improper practices when committed flagrantly or as a general business practice. Each state decides what it has adopted. For more detail, see the proof of loss form and its deadlines.
Your duties after a liability event
Section II Condition C, "Duties After Occurrence," applies when someone is hurt or their property is damaged and you may be responsible. You or another insured must:
- give written notice as soon as practical, with the policy identity, the time, place and circumstances, and the names and addresses of claimants and witnesses;
- cooperate in the investigation, settlement or defense of any claim or suit;
- promptly forward every notice, demand, summons or other process;
- help the insurer with settlement, with enforcing rights of contribution or indemnity and with suits, hearings and witnesses; and
- avoid voluntarily making a payment, assuming an obligation or incurring expense, except at your own cost, other than first aid at the time of injury.
That last item catches people who are being kind. If a guest falls on your steps and you promise to pay their medical bills, the policy does not have to honor the promise. Coverage F, the medical payments coverage, is a separate small benefit, and the form says that paying it is "not an admission of liability" by you or the insurer. A person claiming under Coverage F must give written proof of claim, authorize the insurer to obtain medical records, and submit to an exam by a doctor of the insurer's choice. See what happens when someone sues you after an injury at your home.
What the insurer owes back
Conditions run both ways. In the standard form the insurer must:
- Adjust and pay. Loss is payable 60 days after the insurer receives your proof of loss and an agreement is reached, a final judgment is entered, or an appraisal award is filed. The insurer pays you unless another person is named in the policy or legally entitled to the money, such as a mortgagee. Many states set shorter deadlines by statute; see how long insurers have to pay a home claim.
- Act on repairs. If it wants to repair or replace damaged property itself, it must give written notice within 30 days after receiving your sworn proof of loss.
- Follow the appraisal process if you cannot agree on the amount of loss. Either side may demand appraisal. Each picks a competent and impartial appraiser within 20 days of the written request, and the two choose an umpire (a judge can pick one if they cannot agree within 15 days). Any two of the three set the amount of loss. See the appraisal clause: settling a claim value dispute.
- Protect the mortgagee. A denial of your claim does not defeat a valid claim of the mortgagee, if the mortgagee meets the form's conditions, and the mortgagee gets at least 10 days' notice of cancellation or nonrenewal.
The Loss Settlement condition also says the insurer pays no more than actual cash value until repair or replacement is complete (with a small-loss exception), and that you can claim ACV first and the difference later if you notify the insurer within 180 days after the date of loss of your intent to repair or replace. See replacement cost vs actual cash value: why it matters.
The suit deadline
The form's "Suit Against Us" condition says no action can be brought against the insurer unless there has been full compliance with Section I and the action is started within two years after the date of loss. States routinely override this. These examples come from state statutes, as of October 2026:
| State | Rule |
|---|---|
| Texas | A contract cannot limit the time to sue to less than two years (Civ. Prac. & Rem. Code §16.070); for property claims caused by forces of nature such as hail or wind, 61 days' written pre-suit notice is also required (Ins. Code ch. 542A) |
| California | 12 months after inception of the loss under the standard fire policy, 24 months when the loss relates to a state of emergency (Ins. Code §2071) |
| Florida | 5 years from the date of loss to sue for breach of a property insurance contract (§95.11(2)(e)); separate notice-of-claim deadlines of 1 year after the loss, and 18 months for a supplemental claim (§627.70132) |
The only safe approach is to find your own state's rule and your policy's wording before you assume you have time. See deadlines to sue over a home insurance claim and suing your home insurer: when and how.
Conditions for the whole contract
- Concealment or fraud. Coverage is void for all insureds if any insured intentionally conceals or misrepresents a material fact, engages in fraudulent conduct or makes false statements relating to the insurance, before or after a loss. Padding a claim can cost the whole claim. See padding a claim: the penalties and the policy fraud clause.
- Waiver or change. A waiver or change of a policy provision must be in writing from the insurer. An agent's verbal assurance, or the insurer's request for an appraisal or examination, does not waive its rights. Put changes in writing.
- Cancellation. You can cancel at any time. The insurer can cancel for nonpayment on 10 days' notice, for any reason in the first 60 days of a new policy on 10 days' notice, and after that only for material misrepresentation or a substantial change in risk, on 30 days' notice. Refunds are pro rata.
- Nonrenewal. The insurer may decline to renew by giving written notice at least 30 days before expiration. Many states require longer notice, so see nonrenewal vs cancellation of homeowners insurance: your rights.
- Assignment. Assigning the policy requires the insurer's written consent; see assignment of benefits: what to know before you sign for the claim-payment version.
- Subrogation. After paying, the insurer may pursue whoever caused the loss, and you must sign and cooperate. You may waive rights of recovery in writing before a loss, such as in a lease or contract.
- Death. If a named insured or resident spouse dies, the form insures the legal representative for the premises and property covered at the time of death. See who is insured on a homeowners policy, and who is not.
A hypothetical timeline
Say a supply line bursts on January 5 while you are at work, and you report the next morning.
| When | What to do |
|---|---|
| January 5-6 | Shut off water, move belongings, photograph damage, call the insurer or agent and get a claim number |
| January 6-10 | Hire a mitigation company, keep receipts, and hold damaged materials the adjuster may want to see |
| Within about two weeks | Start the inventory: description, age, cost and value |
| Insurer's request, say January 25 | Proof of loss form arrives; the 60 days run to about March 26; send it earlier with the inventory and estimates, and keep proof of delivery |
| As requested | Provide documents and allow reinspection; if an examination under oath is requested, ask what it will cover and consider an attorney's advice |
| Before the deadline in your state | If the claim is unresolved, calendar the suit deadline, which may be one to five years from the loss depending on state and policy |
Where claims go wrong on conditions
- Reporting weeks later, after repairs are finished and nothing is left to inspect.
- Throwing away damaged items before the adjuster sees them and without photos.
- Ignoring a proof of loss request because the adjuster seemed to have everything.
- Treating an informal answer from an agent as a policy change.
- Missing the suit deadline while negotiating. Talks typically do not extend it unless the insurer agrees in writing.
In many states, courts apply a notice-prejudice rule, meaning late notice defeats a claim only if the insurer was harmed by it. States differ. If a dispute turns on a condition, an attorney or licensed public adjuster can advise on specifics.
Key takeaways
- Conditions are your side of the bargain after a loss: prompt notice, protecting the property, cooperating, an inventory and a sworn proof of loss within 60 days after the insurer's request.
- The standard form lets the insurer deny coverage when a missed duty prejudices it, so late or incomplete compliance can matter even for a legitimate claim.
- The ISO suit deadline is two years after the date of loss, but state law changes it, from 12 months in California to five years in Florida.
- Fraud or concealment by any insured can void coverage for all insureds, and only the insurer's written word changes the policy.
- Keep copies of everything, ask for forms in writing, and check your own policy and state endorsement for the exact periods.