State-of-emergency loss: insurer may not require proof of loss sooner than 100 days after the loss
100 days after date of loss (loss related to a declared state of emergency), under Cal. Ins. Code 2051.5(b)(3)(A).
Rule text
In the event of a loss relating to a state of emergency, as defined in Section 8558 of the Government Code, an insurer shall not require the insured to provide proof of loss less than 100 days after the loss.
Calculate this deadline
Deadline
Tuesday, February 16, 2027
- Trigger (Date of loss (loss related to a declared state of emergency)): Friday, November 6, 2026.
- Exclude the trigger day and count 100 calendar days: Sunday, February 14, 2027.
- That day is a Sunday, so the deadline moves to the next court day: Tuesday, February 16, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Rules applied
Cal. Ins. Code 2051.5(b)(3)(A)
In the event of a loss relating to a state of emergency, as defined in Section 8558 of the Government Code, an insurer shall not require the insured to provide proof of loss less than 100 days after the loss.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- Floor on any proof-of-loss deadline (overrides the 60-day 2071 form period for these losses). Insurer must grant additional three-month extensions for good cause (2051.5(b)(3)(B)).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date of loss (loss related to a declared state of emergency) on Monday, March 15, 2027, personal service: due Wednesday, June 23, 2027.
- Trigger (Date of loss (loss related to a declared state of emergency)): Monday, March 15, 2027.
- Exclude the trigger day and count 100 calendar days: Wednesday, June 23, 2027.
Notes
Floor on any proof-of-loss deadline (overrides the 60-day 2071 form period for these losses). Insurer must grant additional three-month extensions for good cause (2051.5(b)(3)(B)).
Related deadlines
- Fire/standard-form property policy: sworn proof of loss due within 60 days after the loss (unless extended in writing by insurer) (60 days after)
- Fire policy: mortgagee proof of loss within 60 days after notice of insured's failure to render proof (60 days after)
- Fire/property claim: insurer must provide claim-related documents within 15 calendar days after insured's request (15 days after)
- Property claim after covered loss: insurer must provide complete policy copy within 30 calendar days after request (30 days after)
- Fire/property policy appraisal: each side must select an appraiser and notify the other within 20 days of the written appraisal request (20 days after)
- Fire/property policy appraisal: if the appraisers fail for 15 days to agree on an umpire, either side may ask a judge to select one (15 days after)
- Fire/property policy: insurer must give notice of election to repair, rebuild or replace within 30 days after receipt of proof of loss (30 days after)
- Fire/property policy: loss payable 60 days after proof of loss received and loss ascertained (agreement or appraisal award filed) (60 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.