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Main premise of the Tort Claims Act were intended to serve two purposes to provide prompt notice of potential litigation to the public entity, and prompt resolutions of disputed.

Cases which strictly construe the limitation provisions of the Tort Claims Act do not preclude equitable tolling under the right circumstances to extend the statute of limitation for filing a lawsuit. Equitable tolling requires timely notice, and lack of prejudice to the defendant, and reasonable and good faith conduct on the part of the plaintiff.

If you have a claim that you believe may be viable against a public entity give us a call today to speak to a partner. No recovery no fee.

Your insurance policy is a contract that requires the insurance company not to seek a commercial advantage over you when a claim is made. Purchasing an insurance policy is to protect you against a calamity. The major motivation in obtaining insurance is to protect you from losses that are provided for by your insurance contract. The reason people buy insurance is to provide peace of mind and security in the event there is a loss. To protect these interests it is essential that an insurance company fully inquire into possible bases that might support your claim.

An insurance company cannot reasonably and in good faith deny payments to its insured without thoroughly investigating the foundation for its denial. The insurance company cannot unreasonably and in bad faith withhold payment of the claim. Your insurance company must give at least as much consideration to the policy holder’s insurance as its own.

When your insurance company wrongfully withholds your insurance benefits that you are entitled to you have an absolute right to seek additional compensation not just for your loss, but interests during the time payment is not made, under certain circumstances emotional damages, attorney fees and punitive damages.

Call today for a free consultation with a partner. No recovery. No fee.

Your homeowners insurance policy provides coverage for “direct physical loss or damage” to covered property inside your home. Generally coverage includes damage to access the sewer line when there is “loss caused by water” and “any ensuing loss not excluded is covered.”

Often times when your sewer line breaks it can cause water to back up inside your home causing damage. Don’t let your insurance company tell you that there is no coverage because the sewer line broke because of wear and tear or corrosion. Don’t let your insurance company tell you that there is no coverage to access the sewer line from inside your home.

Let us fight for your right to recover insurance benefits that you have paid for and are entitled to. No Recovery. No Fee. Call today to speak to a partner for your free consultation.

Under California law all contracts requires each contracting party to refrain from doing anything to injure the right of the other to receive the agreement’s benefits.

An insurance company breaches the contract when it fails to give its policyholder’s interests at least as much consideration as it gives its own interests. An insurance company breaches the contract when it fails to fully investigate the insured’s claim and the basis for its denial.

If it can be shown that your insurance company acted unreasonably or without proper cause. You could be entitled to additional damages for emotional upset, attorney fees, and punitive damages.

Call us today for your free consultation with a partner of our firm. No recovery. No fee.

Insurance Company’s frequently place in their polices of insurance anti assignment clauses that prevent the assignment of insurance coverage without the insurance company’s written consent of the assignment.

The general rule is that the insurance company has a right to know who the owner of the property it is insuring is. The purpose of the clause is to protect the insurance company from an increase in risk and hazard by a change in ownership without the knowledge of the insurance company.

If the change in ownership did not increase the risk to insurance company, and they would have routinely approved the assignment, they should not be able to claim they suffered any prejudice from the late notice of the assignment.

If the new owner can show that the insurance company would have routinely approved the assignment when the only apparent reason for rejecting the assignment is the insurance claim under such circumstances the court’s may enforce the assignment providing coverage.

If your insurance company has wrongfully denied your claim call us for your free consultation. No recovery. No fee.

When your insurance company fails to conduct a thorough investigation into the cause of your sewer line breaking, denying the access portion of the claim, failing to disclose all potential coverage including costs to access the sewer line, costs to repair damages caused by accessing the sewer line, emergency services, additional living expenses you may be entitled to additional damages for emotional upset, additional living expenses while the repairs are being made, in some cases punitive damages.

We have recovered claims for many clients’ that have had their insurance claims wrongfully denied. Call today for your free consultation with a partner. No recovery. No fee.

Your homeowner’s policy covers sudden and accidental direct physical loss to property from water. When you have a broken pipe within your dwelling that causes a sudden escape of water you should be covered.

Don’t let your insurance company deny your claim by telling you that ordinary wear and tear caused the pipe to break, or that rust contained in the pipe caused the break, or tree roots, or the ground settled caused the break to justify not paying you for your loss.

Your homeowner’s policy should cover your loss when a pipe suddenly breaks. You may be the victim of an insurance company that is not acting reasonable and has denied your claim without proper cause. You may be entitled to additional damages for emotional upset, additional living expenses while the repairs are being made, in some cases punitive damages.

We have recovered claims for many clients’ that have had their insurance claims wrongfully denied. Call today for your free consultation with a partner. No recovery. No fee.

A liability insurer has a duty to defend its insured against third party claims that are potentially within the scope of the insured’s policy, and also has a duty to defend any noncovered claims that are asserted in the same action.

An insurance company may be excused from a duty to defend only when the lawsuit filed against you raise no conceivable theory which could bring coverage into play. In determining whether a claim creates the potential for coverage under an insurance policy you have to look at the interpretation of an insurance policy. In determining policy interpretation you have to look at the the language of the contract in order to ascertain its plain meaning or the meaning a layperson would ordinarily attach to it. You don’t have to accept the interpretation your insurance company determines to deny coverage.

California recognizes the general rule that an agent or broker who intentionally or negligently fails to procure insurance as requested by a client will be liable to the client in tort for the resulting damages. An insurance agent has an obligation to use reasonable care, diligence, and judgment in procuring insurance requested by an insured.

If your agent fails to exercise reasonable care in procuring the type of insurance that you requested and bargained for, the insurance company may be liable.

You don’t have to accept your insurance company’s decision to deny your claim because your insurance agent or broker did not obtain the insurance coverage you requested. Call us for a free consultation with a partner of our firm. We will fight for everything you are entitled to.

Homeowner policies cover water loss claims that are caused by sudden and accidental direct physical loss to property identified in the insurance policy. Don’t let your insurance company convince you that the cause of the water damage is from wear and tear, rust, contamination, defect in the pipes, house settling after all these years.

It is important to keep in mind that policy exclusions are strictly construed against the insurance company while exceptions to exclusions, are broadly construed in favor of the insured.

Just because your insurance company tells you your water loss claim is excluded it doesn’t mean it is. Exceptions in the policy that provide for coverage that are ambiguous are interpreted in favor of the insureds to protect their reasonable expectation that the water damage in their dwelling would be covered by their policy.

You don’t have to accept your insurance company’s decision to deny your claim. Call us for a free consultation with a partner of our firm. We will fight for everything you are entitled to.