AB 597: Proposed Public Adjuster Regulations in California
AB 597 would cap California Public Adjuster fees at 15% for catastrophe claims and add new contract and solicitation rules. Held in Senate Appropriations.
Anti-Concurrent Causation Clauses in California
ACC clauses let insurers deny claims when any excluded peril contributes. California's efficient proximate cause doctrine makes them unenforceable here.
CACI Jury Instructions for California Insurance Litigation
What CACI jury instructions are, how they relate to case law, and why the Series 2300 insurance instructions matter when policyholders sue their insurer.
California Claims Handling Deadlines Insurers Must Meet
California law imposes strict deadlines on insurers for acknowledging, investigating, and paying claims under the Fair Claims Settlement Regulations.
California Construction Defect Claims and SB 800
Defects are excluded but resulting damage often is not. How SB 800, the ensuing loss doctrine, and efficient proximate cause determine coverage in California.
California Fair Claims Regulations (10 CCR 2695)
A section-by-section analysis of California's Fair Claims Settlement Regulations - every rule your insurer must follow, with case law and real examples.
California Fair Claims Regulations: Full Text
Verbatim text of the property provisions of 10 CCR 2695.1 to 2695.14, with history, enforcement, and how policyholders and Public Adjusters use them.
California Homeowner Insurance Policy Exclusions
Open- vs. named-peril, burden of proof, strict construction, anti-concurrent causation, and the ensuing loss doctrine across HO-3 and FAIR Plan policies.
Color Matching and Material Aging in Insurance Claims
UV degradation and oxidation make new materials never truly match. How state matching regulations, case law, and the line-of-sight concept address visual uniformity.
Divorce, Separation, and Insurance Claims in CA
How community vs. separate property, named-insured mismatches, spousal arson, and the innocent co-insured doctrine play out when a CA marriage ends.
Does Appraisal Toll the Statute of Limitations?
Invoking appraisal does not toll California's one-year suit limit. File a protective lawsuit and request a stay pending appraisal to keep the claim alive.
Efficient Proximate Cause: When the Real Cause Is Covered
When multiple perils combine, the efficient proximate cause doctrine looks at the predominant cause. If it is covered, the whole loss is covered under CA law.
Elder Abuse Statutes in Insurance Bad Faith Claims
When insurers act in bad faith against elderly policyholders, California's Elder Abuse Act triggers attorney's fees, punitive damages, and survival actions.
Ensuing Loss: The Clause Your Insurer Hopes You Never Read
The ensuing loss clause can restore coverage for damage from an excluded peril. How it works in California alongside the efficient proximate cause doctrine.
Flood and Mudslide After Wildfire: Why Your Policy Pays
When wildfire causes flooding, mudslides, or earth movement, your homeowner policy covers the damage under California's efficient proximate cause doctrine.
Games Insurers Play: Expert Capture and Disclosure
Carriers limit independent experts through secret scope instructions and bury unfavorable reports. Both practices violate the California claims regulations.
Games Insurers Play: The Appraisal Trap
How insurers use procedural objections, umpire disputes, and delays to undermine appraisal - and the California statutes and cases policyholders can lean on.
How Insurance Companies Use Time as a Weapon
ALE limits, depreciation deadlines, claim fatigue, and the statute of limitations - how the passage of time itself becomes the carrier's strongest tool.
Insurance Code 790.03 and the 790 Letter
California Insurance Code 790.03 defines unfair claims practices. What the statute prohibits, when a 790 letter fits, and how it links to common-law bad faith.
Insurance Code Section 14047: Your Rights When a Third Adjuster Takes Over
California Insurance Code § 14047 gives residential policyholders on state-of-emergency claims a right to a primary point of contact when a third adjuster is assigned within six months. What the statute actually says — and does not say.
Insurance Myths Debunked: What Adjusters Won't Correct
Common property insurance myths debunked with California case law, statutes, and regulations. What the law actually says vs. what most policyholders believe.
Insurer Fraud vs. Bad Faith: Where Is the Line?
The legal line between bad faith and insurance fraud in California: elements of proof, statutes of limitations, punitive damages, and case examples.
Managing Agent Liability in California Bad Faith Cases
Identifying managing agents under Civil Code 3294(b), the White v. Ultramar test, ratification doctrine, and settlement leverage in bad faith cases.
My Roof Is Leaking After a Storm - Will Insurance Pay?
How storm damage vs. wear and tear plays out on roof leak claims: the matching rule, cosmetic damage exclusions, EPC doctrine, and wind documentation.
OSHA and Building Code Upgrades Trigger Ordinance or Law
When safety regulations and building codes force upgrades during repairs, ordinance or law coverage should pay. How OSHA and Cal/OSHA trigger the coverage.
Pack-Out, Storage, and Cleaning of Contents
Your right to take cash instead of services, proper pack-out procedure, storage levels, items commonly damaged in transit, and the California regulations.
Parametric Insurance for Commercial Properties
How parametric coverage pays on a trigger rather than a damage estimate (earthquake, flood, wind, heat, wildfire), plus basis risk and CA regulation.
Subrogation in California Property Insurance Claims
How subrogation works in California, your insurer's duty to notify you, deductible recovery, the made-whole doctrine, and what happens when the carrier stalls.
Suing Your Insurance Broker or Agent for Inadequate Coverage
When your broker or agent fails to procure adequate coverage, you may have a claim. Four liability theories, statutes of limitations, and California damages.
The Earth Movement Exclusion and California Law
Earth movement is excluded, but California's efficient proximate cause doctrine keeps landslides and subsidence covered when a covered peril triggered them.
The Fortuity Doctrine: When Carriers Say You Knew
The fortuity doctrine requires a covered loss be accidental. How insurers misuse known loss, loss-in-progress, and pre-existing damage arguments in California.
The Innocent Co-Insured Doctrine and Spousal Arson
When one insured commits arson or fraud, the innocent co-insured may still recover. Here is how the doctrine works and what policy language controls the result.
The Pollution Exclusion in Property Claims: California Law
How insurers misuse the pollution exclusion to deny fire and asbestos claims. California case law, efficient proximate cause, and practical guidance.
The Wear and Tear Exclusion in California
Wear and tear is a cause-of-loss exclusion, not a condition exclusion. California's efficient proximate cause doctrine protects owners of older property.
Underinsured After a Loss? When Your Broker May Be Liable
When a major loss reveals underinsurance, the broker who placed coverage may be liable under California's special relationship doctrine.
What Effective Letters to an Insurance Company Tend to Look Like
How effective demand letters and formal correspondence to insurance carriers are structured: tone, the regulations they commonly reference, and the pattern policyholders fall into for follow-up.
What Your Insurance Company Is Required to Do — The Cheat Sheet
A pocket reference of every California deadline and obligation your insurer must meet during your claim, with the exact regulation citations.
When Insurance Policy Language Conflicts with California Law
A CA court ruled the FAIR Plan's fire policy "unlawful." The ways policy language conflicts with statutes, case law, and regs - and how the law limits what a policy can take away.
When the Insurer Ignores Your Appraisal Demand: Compelling Appraisal in California
What happens when a California insurer ignores or refuses a written appraisal demand — the follow-up letter, the regulations that keep running, and the petition to compel appraisal under CCP 1281.2 and 1281.6.