Homeowner’s Claims Not Getting Paid?


Your insurance policy is a contract that is enforceable under the law. Once you suffer a covered loss under the policy your insurance company is under an affirmative obligation to investigate your claim, and to timely pay your claim pursuant to the terms of your policy.

As an insured you are responsible for cooperating with the insurance company’s investigation. You must timely report the claim. You must provide a proof of loss to support your claim. If requested you must provide a statement under oath. (Jordan v. Allstate Ins. Co. (2007) 48 Cal. App.. 4th 1062, 0178.) Prior to proving that the insurance company delayed paying your claim you first must prove that you have cooperated and that there is coverage for your loss.

Withholding of benefits can occur when the insurance company outright denies your claim and or pays you less than you are entitled to. (Mariscal v. Old Republic. Ins Co. (1996) 42 Cal. App. 4th 1617, 1623; Egan v. Mutual of Omaha, Insurance Co. (1979) 24 Cal. 3d 809, 820)

Intentional delay in the payment of your insurance benefits: It is not uncommon for insurance adjusters to delay their investigation or continue to ask for additional information prior to paying the claim, and then paying less than your claim is worth. (Waller v. Truck Insurance Co. (1995) 11 Cal. 4th 1, 36)

These are just a few examples of unreasonable conduct that insurance companies may engage in when investigating homeowners claims. Our firm will aggressively fight for the insurance benefits you are entitled to.

Don’t Settle For Less on Your Homeowner’s Insurance Claims!

Your homeowner’s insurance policy provides coverage to replace damaged property to its pre-loss condition. Oftentimes your insurance company will pay to repair a covered loss rather than replace the damaged property to save money, even though California law requires replacement if the repair cannot restore the damaged property to its pre-loss condition. As a policy holder you are entitled to “replace the property with like kind and quality within a reasonable time after the loss.” (In Fire Ins. Exchange v. Superior Court, 116 Cal. App. 4th 446, 459)

For example if your hardwood floors have a beveled edge that provides a distinct appearance, yet the insurance company wants to sand the floors as a repair, if the sanding takes away the beveled edge you are entitled to replace your floors. Don’t settle for less!