Mastering Claims in Kuwait: Essential Documentation for Fire Loss Adjustments
In our line of work as loss adjusters, one of the main conflicting issues is the documentation required to settle a claim. Each loss adjuster has their own idea of what is necessary. Although we believe that there should be a standardized template across the insurance market, it is up to insurance companies or regulators to establish the minimum required documents for settling a claim. At Neshami Loss Adjusting, we have developed templates for every type of loss. These templates have been honed over the years based on our experiences and the laws that govern such losses in each country we operate in, supplemented by Supreme Court cases that detail or set legal precedents.
One of the most recurring losses in Kuwait is fire damage. We have observed various approaches by loss adjusters and insurance companies in settling claims and requesting documents from the insured. This blog post will explore the necessary documents, explain why they are required, and advise on how to procure them.
All loss adjusters and insurance companies require the final fire report from each claimant for fire losses. However, this poses a significant challenge for claimants who are not legally able to obtain the final fire report. Fires are categorized into two types: those originating within the claimant's premises and those originating outside but affecting the claimant's premises. For fires originating within, a final fire report can legally be obtained by the claimant. If the fire originated outside the claimant’s premises, they can only legally obtain a fire certificate. The distinction is crucial because if the fire started within the premises, the final fire report will typically detail the cause of the fire and whether the claimant adhered to fire safety regulations, both of which are essential for the claim. Conversely, for external fires, the cause does not impact the insurance company's liability, and the certificate, which includes details of the fire but not its cause or compliance with significant fire safety regulations, suffices.
Another document that should be required—and is often overlooked by loss adjusters and insurance companies in Kuwait—is a police report. Every claimant should open a fire case at the nearest police station to preserve their rights if the insurer refuses to pay the claim, and to establish the insurer's right of recovery from the party responsible for the fire.
It is also important for claimants and insurers to be aware of the accuracy of the descriptions of losses reported to the police or fire force. Claimants should make true statements to the best of their knowledge about what was damaged and the value of those damages. Any misrepresentation could jeopardize both the claimant and the insurer when the claim is settled and recovery, if any, is sought.
To recap the steps that should be taken:
Report the fire. Make a truthful representation of the fire and the damage incurred.
Obtain a fire certificate from the Fire Force.
Use the certificate to open a case at the nearest police station. Provide the same information given to the Fire Force. If any amendments are necessary, inform the Fire Force as well. Note the case number.
If the fire originated from outside the claimant’s premises, the certificate and the police case number are sufficient.
If the fire originated from the claimant's premises, a final fire report is required. This can be obtained from the Fire Force after the police complete their investigation or directly from the police.
In conclusion, the process of documenting and settling fire loss claims requires meticulous attention to the types of documents needed and the legal avenues available to claimants. By adhering to the steps outlined above, claimants and insurers can ensure that all claims are processed fairly and efficiently. Remember, understanding and implementing the correct documentation procedures not only streamlines the claims process but also protects the rights of all parties involved. At Neshami Loss Adjusting, we are committed to guiding our clients through these steps, ensuring that they meet all legal requirements and maximize their chances for a favorable resolution.