First-Party Property Damage Demand Letter - North Dakota

NORTH DAKOTA FIRST-PARTY PROPERTY CLAIM DEMAND

Do not send until the complete policy and claim file have been reviewed.
The issued policy, endorsements, actual loss, communications, requests,
payments, and current controlling law determine the available demand. This
form does not supply a universal proof-of-loss period, payment period,
appraisal process, suit deadline, valuation rule, or overhead-and-profit
percentage.

1. Policy and deadline record

A. Insured, property, and policy

B. Loss and claim

C. Conditions and deadlines

Quote or attach the controlling policy language and record the event that
triggered each period.

Deadline memorandum prepared and approved by counsel: ☐ Yes

D. Coverage and valuation

2. Sender and delivery

Date: [__/__/____]

From:

[Attorney or insured name]

[Firm, if applicable]

[Address]

[Email and telephone]

To:

[Insurer legal name]

[Property claims department]

[Adjuster or supervisor]

[Address and email]

Delivery method selected after policy review:

☐ Policy-required method ☐ Certified mail ☐ First-class mail ☐ Courier

☐ Email ☐ Portal upload ☐ Other: [________________________________]

Re: First-party property claim demand

Dear [Recipient Name]:

This demand concerns property benefits claimed under the policy identified
above. The coverage, valuation, conditions, deadlines, and requested amounts
below are based on the issued policy and claim record. The sender does not
intend this letter to waive, shorten, or extend any right, objection, privilege,
condition, or deadline.

3. Loss, notice, and mitigation

A. Loss narrative

[Describe what happened, when and where it occurred, who discovered it, the
property's immediate condition, and every potentially relevant cause.]

[____________________________________________________________]

B. Claim activity

C. Cause and scope evidence

• Photographs or video: [________________________________]
• Contractor or consultant material: [________________________________]
• Engineer or cause-and-origin material: [________________________________]

• Weather, utility, alarm, fire, police, or maintenance record:
  [________________________________]

• Damaged property retained or documented: [________________________________]

• Alternative causes investigated: [________________________________]
• Pre-loss condition evidence: [________________________________]

4. Policy positions

A. Coverage relied upon

Quote the relevant insuring agreement, coverage grant, defined term,
endorsement, and limit:

[____________________________________________________________]

B. Conditions addressed

Identify the notice, mitigation, proof, inventory, inspection, examination,
document, repair, replacement, and cooperation steps:

[____________________________________________________________]

C. Insurer position

Quote or accurately summarize each payment, estimate, reservation, exclusion,
limitation, depreciation, valuation, or denial position:

[____________________________________________________________]

D. Insured response

Explain the policy language and evidence supporting the disputed scope, cause,
condition, valuation, payment, or coverage position. Do not declare coverage,
lack of an exclusion, or condition compliance without completing that analysis.

[____________________________________________________________]

5. Claim chronology

Unanswered communications or submissions:
[____________________________________________________________]

6. Scope and valuation

A. Building or structure

B. Personal property or contents

C. Time-element or additional expense

D. Other claimed amounts

E. Claim summary

7. Specific disputed items

For each item, identify the exact estimate line, policy term, evidence, and
amount.

Matching, depreciation, code upgrade, permit, tax, labor, material,
supervision, overhead, profit, and project-management costs must be supported
by the issued policy, repair plan, project complexity, evidence, and controlling
law. Do not use a universal trade-count threshold or fixed percentage.

8. Policy process

A. Supplemental claim or reconsideration

Requested action:

☐ Revise the estimate

☐ Conduct a reinspection

☐ Review identified evidence

☐ Pay the amount the insurer agrees is due

☐ Provide a line-by-line response

☐ Confirm replacement-cost or depreciation requirements

☐ Other: [________________________________]

B. Appraisal or other contractual process

Use the exact issued-policy process and current controlling law. Do not insert
a selection period, umpire period, court-appointment route, or mandatory-
appraisal conclusion from another policy or jurisdiction.

9. Legal and regulatory theory gate

Do not accuse the insurer of bad faith, an unfair practice, fraud, oppression,
malice, or another violation merely from a payment gap, delay, coverage
dispute, or estimate difference. Counsel must identify the complete claim,
elements, facts, current authority, available defendant, limitations, proof
standard, and remedy.

Delete every unapproved theory, label, and remedy from the final demand.

10. Demand

Please:

1. Pay the supported and presently due amount of $[________________];

2. Pay any amount the insurer agrees is due without conditioning it on a
   broader release;

3. Provide a written line-by-line response to the disputed scope and valuation;

4. Identify the exact policy basis and evidence for each remaining position;
5. State what additional material is requested and why;
6. Confirm the policy conditions and deadlines being applied; and
7. Propose any reinspection, conference, appraisal, or other policy process.

Requested response date: [__/__/____]

The response date is a claim and settlement request only. The sender does not
intend it to create, waive, shorten, or extend a policy, contractual, statutory,
appraisal, replacement, proof, or filing deadline.

11. Preservation request

Please preserve potentially relevant paper and electronic information
concerning the policy, claim, inspections, estimates, communications, payments,
coverage and valuation decisions, and persons involved. This is a preservation
request; it does not state that a sanction, adverse inference, or separate cause
of action is automatic.

Specific records, systems, custodians, or date ranges:
[____________________________________________________________]

12. Response and signature

Please direct the response to:

[Name]

[Address]

[Email]

[Telephone]

Sincerely,

__________________________________

[Name]

[Role or North Dakota attorney ID, if applicable]

13. Enclosures

☐ Policy, declarations, and relevant endorsements

☐ Proof of loss or other requested statement

☐ Contractor estimate and supporting scope

☐ Consultant, engineer, cause-and-origin, or appraisal material

☐ Insurer estimates, payment letters, reservations, and denial correspondence

☐ Photographs, video, and physical-evidence record

☐ Weather, utility, alarm, fire, police, or maintenance record

☐ Contents inventory and supporting documentation

☐ Additional-expense receipts

☐ Mitigation invoices and work orders

☐ Mortgagee, loss-payee, or additional-interest information

☐ Other: [________________________________]

14. Final review

☐ Complete issued policy and endorsements reviewed

☐ Correct insureds, claimant, property, and insurer identified

☐ Notice, proof, cooperation, repair, replacement, appraisal, and suit dates
calculated from the correct triggers

☐ Cause, scope, and competing-cause evidence reviewed

☐ Coverage, exclusion, and condition analysis completed

☐ Valuation method tied to the policy and evidence

☐ Depreciation and recoverable-depreciation calculation supported

☐ Project-management costs supported without a mechanical trade count

☐ Claimed amounts reconcile to exhibits

☐ Payments and deductible credited correctly

☐ Appraisal or other process follows the exact policy

☐ Every legal and regulatory theory independently grounded or removed

☐ Requested response date does not replace another deadline

☐ Unused alternatives and drafting notes removed

☐ North Dakota attorney approved the final demand