Los Angeles Fire Insurance Claim Lawyer

Understand Your Rights In Connection With Your Los Angeles Wildfire Claim

los angeles fire insurance lawyerThe Palisades Fire, Eaton Fire, Hurst Fire, Lidia Fire, Sunset Fire, and Woodley Fire have had a devastating impact on Southern California. Over 12,000 structures have been lost, including homes, condominiums, rental properties, businesses, churches, and schools. For those who have suffered a partial or total loss to these structures, we extend our deepest sympathies and stand with the residents of Southern California as they recover from this wildfire tragedy. The rebuilding process will take time. But we know the resilient people of Southern California will bounce back.

Whether you are a resident or a business owner, it is important to understand your rights with respect to your insurance coverage. Insurance carriers are certainly aware of their rights under the law. You should be as well.

There is an implied covenant of good faith and fair dealing that is part of every insurance policy. This implied covenant requires insurers to act in good faith when adjusting claims. This means that:

  • An insurance company must give at least as much consideration to the interests of its insured as it gives to its own interests. Egan v. Mutual of Omaha Insurance Co. (1979) 24 Cal.3d 809, 818-819.
  • An insurance company must not unreasonably deny benefits or refuse to pay them without proper cause. Major v. Western Home Insurance Co. (2009) 169 Cal.App.4th 1197, 1209.
  • An insurance company must conduct a full, fair, prompt, and thorough investigation of the claim and cannot deny benefits arbitrarily. Jordan v. Allstate Insurance Co. (2007) 148 Cal.App.4th 1062, 1066.
  • An insurance company has the responsibility to inform an insured of their rights and obligations under an insurance policy, especially in situations where a lack of knowledge may result in lost benefits. Davis v. Blue Cross of Northern California (1979) 25 Cal.3d 418, 428.

Understanding Your Rights Under Fair Claims and Unfair Insurance Practices Laws

Insureds also have rights under the Fair Claims Settlement Practices Regulations and the Unfair Insurance Practices Act. The Regulations provide a number of rules that insurance companies must follow, including: responding to communications from a claimant within fifteen (15) calendar days (10 C.C.R. 2695.5(b)); and maintaining a claim file with respect to each claim that documents and details pertinent dates and events. (10 C.C.R. 2695.3).

The Unfair Insurance Practices Act provides a list of certain claims practices that have been deemed unfit. They include repeatedly performing the following practices: misrepresenting insurance policy coverages; failing to act promptly in response to communications in connection with insurance claims; failing to adopt and implement reasonable standards for the prompt investigation and processing of claims; failing to settle a claim under one portion of the policy in order to influence settlements under another portion of the policy; and failing to provide promptly a reasonable explanation of the basis relied on for the denial of a claim or the offer of a compromise settlement. (Ins. Code §790.03(h).)

Reach Out! Our Firm Can Help You Understand Your rights In a Fire Claim

Understanding your rights as an insured is of paramount importance when handling an insurance claim, especially a claim involving losses stemming from the recent wildfires. Pillsbury & Coleman LLP has successfully litigated these issues against numerous insurance companies, including State Farm, Allstate, Chubb, AIG, Farmers, USAA, Travelers, Liberty Mutual, Nationwide, Mercury Insurance, and others, in both Northern and Southern California. We are committed to assisting wildfire survivors secure their insurance benefits so that they can rebuild and recover from these tragic wildfires.