The three parts of a fire claim

• The building. Walls, roof, wiring, floors and built-in items. Detached garages and sheds may have a separate limit.
• Your belongings. Often called “contents” or “personal property.” This part often has the most items and the most disputes.
• Extra living costs. Often called “additional living expense” or “loss of use.” It can pay the added cost of a rental or hotel while repairs are done.

Your declarations page lists a limit for each part. Read it first.

Smoke, soot and odor

Smoke travels. It gets into walls, ducts, carpet, clothes and furniture far from the flames. Soot can stain and damage surfaces. The smell can stay for months.

Disputes often turn on whether cleaning is enough, or whether items must be replaced. Ask for the insurer’s cleaning plan in writing. If odor comes back after cleaning, document it and report it. Keep samples of stained items.

Missouri rules for fire losses

For a partial loss by fire, Missouri law reads a standard term into fire policies. The insurer may choose to pay actual cash value, or to repair, rebuild or replace with property of like kind and quality within a reasonable time. It must give you notice of its choice. The statute ties that notice to 30 days and to the proof of loss you send (RSMo 379.150). A policy with terms the state approved as at least as good for you can apply instead.

For some total losses of a building, the insurer’s liability is the amount the property was insured for, less the deductible (RSMo 379.140). That rule has many exceptions, including replacement cost coverage and personal property that is not scheduled. See storm and hail damage claims for more on it.

Building your contents list

The insurer will likely ask for a list of everything lost. It can run to hundreds of lines. Build it room by room.

• Walk through each room in photos or video, including closets and drawers.
• Use old photos, bank and card statements, and online order history to recall items and prices.
• For each item, list what it was, the brand, about when you bought it, and what it costs to replace today.
• Keep damaged items until the insurer has seen them or agreed they can go.

Expect depreciation on many items. See underpaid insurance claims for how depreciation and actual cash value work.

Questions about the cause of the fire

Insurers investigate fires. That is normal. Sometimes the insurer asks for a recorded statement, documents, or an “examination under oath.” That is formal questioning under oath, which many policies require you to attend.

If the insurer suggests you started the fire or made false statements, the claim has become more serious. Get legal advice before the examination. The insurance bad faith and coverage disputes page covers claims that can arise from a false accusation.

What to do after a fire

1. Get the fire department report number.
2. Photograph and video every room before cleanup starts.
3. Keep receipts for hotel, meals, clothes and other added costs.
4. Do not throw away damaged items until they are documented and the insurer has had a chance to inspect.
5. Get your full policy, including the declarations page.
6. Log every call. Keep every letter.
7. Get your own contractor’s estimate for the building.

Harjot Singh Padda, JD can review the policy and the insurer’s position and explain your options.

Common questions

Related reading

• Property insurance claims overview
• Underpaid insurance claims
• Insurance bad faith and coverage disputes
• Insurance appraisal clause