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INSURANCE
My (real or personal) property was damaged or destroyed during the fires. What insurance policies might provide coverage for my loss?
If your home has been destroyed or damaged as a result of the fires, several different types of policies may provide some coverage for your losses. Homeowners, renters, condominium, vehicle, and fire insurance policies all could provide some coverage.
Typical homeowners, renters, and condominium insurance policies cover losses resulting from fire, smoke, wind, theft, riots, vandalism, and water (excluding flood damage). “Comprehensive” vehicle insurance covers damage not caused by collision, including damage caused by fire, theft, vandalism, and windstorm. Fire insurance, not surprisingly, covers losses from fire.
What type of property should my policy cover?
Coverage depends on the type of insurance you own:
- Homeowners insurance normally covers damage to personal property, dwellings (home and other buildings on your premises), and landscaping (on a limited basis), as well as additional living expenses (including food and housing) incurred as the result of a covered loss.
- Renters insurance usually covers the loss of personal property and loss of use of the property. It may include liability and medical payments coverage.
- Condominium insurance usually covers personal property and improvements. Loss of use is usually limited to 40% of the household contents limit. Condominium associations typically purchase insurance for the building structure and common areas.
- Comprehensive vehicle insurance ordinarily covers physical damage to the insured vehicle (either cost of repairs or fair market value of the vehicle).
- Fire insurance covers the listed property (dwelling and other buildings on the property) and personal property common to such occupancy. Some policies also provide coverage for debris removal, landscaping, and additional living expenses.
Claims typically excluded from coverage include damage resulting from earthquake, flood, mold, and earth movement. Exclusions will be listed in your insurance policy. Therefore, read your policy to learn which claims are excluded from your particular policy.
I own a small business that was damaged or destroyed during the fires. What insurance policies might provide coverage for my loss?
If your business has suffered property damage or destruction, including collateral damage or economic loss, including loss of business income, extra expenses, computers, valuable records, and data processing material as a result of the fires, the evacuations, or other governmental actions related to the fires, you may be able to resort to a variety of insurance policies typically held by small businesses. These policies include:
- all risk policies;
- specific peril policies which cover fire damage;
- business owner property policies;
- computer policies;
- causes of commercial loss policies;
- homeowner/renter policies;
- valuable papers and records policies; and
- building and personal property policies.
Damage to vehicles such as automobiles or boats may be covered under business or personal automobile policies, motor carrier policies, mobile equipment policies, garage coverage policies, and marine policies. If you or your employees were injured, you or they may be covered by your workers' compensation policy, your or their health insurance policy, or short- or long-term disability policies.
My residence was not damaged, but the fire burned the hill above it. Will insurance provide coverage for steps I take to avoid a subsequent landslide or mudslide?
You should carefully check your policy to see if there is coverage for this type of damage or preventative repair. A recent California Supreme Court case found that there was not coverage for this type of work, but the policy in question had very specific language. An attorney or other qualified professional may be able to assist you in reviewing the language of your policy. Additionally, you may want to purchase flood insurance if you do not already have such coverage, as many homeowners and renters insurance policies specifically exclude damages resulting from flood or mudslide.
How do I make an insurance claim?
You should contact your insurance agent or insurance company immediately to start the claim process. Many insurance policies have a one-year statute of limitations, starting from the date of loss. Thus, it is important to begin the claim process as soon as possible. Most insurance carriers have established toll-free telephone numbers to facilitate the claim filing process. These numbers may also be used by victims of the fires with other insurance questions. A list of these numbers can be found at the end of this section.
When dealing with your insurance company, document every conversation. Be sure to write down whom you are speaking with, the date, and the substance of your call. Confirm all conversations in writing and always note on your correspondence with the agent that the losses you list are only a partial list of your losses and that you will forward additional claims of losses when discovered. Keep a written inventory of all losses. This will help in future dealings with the insurance company.
What should I do if my insurance policy is lost or destroyed?
If your insurance documents were destroyed in the fire, do not panic. Call your insurance agent or insurance company. They should have a copy of your policy on file and must provide you with a copy of the lost policy. If you do not know the name of your insurance company or insurance agent, check with your mortgage lender or with your bank. They may have records of your insurance information. If those options are unavailable, call the California Department of Insurance at (800) 927-4357.
Are there specific documents I should have to prove my loss?
The insurance company and/or insurance adjuster (a person professionally trained to assess the damage to your property) will request evidence you may have to validate claims of loss. Examples of such evidence include:
- pictures (videotape or photograph) taken before and after the property loss;
- an inventory of all property damaged;
- records and receipts for all living expenses incurred due to the property loss (includes all food, hotel, and staples bought to maintain a normal standard of living); and
- repair estimates obtained from third parties or receipts for any repairs already completed.
My house is uninhabitable. How do I get money now to pay for living expenses, extra transportation costs to and from work or school, storage costs, etc.?
Ask your insurance company for an advance on your insurance proceeds. Funds disbursed in the form of an advance will be deducted from the final settlement.
For homeowners’ insurance, what is the difference between “replacement cost value” and “actual cash value” policies?
“Replacement cost” coverage provides you with money to repair damaged items or replace destroyed items with new items of a similar type. Your policy should give you enough funds to purchase a new item. “Actual cash value” coverage provides you with funds necessary to replace the damaged or destroyed item with a similar item. You will likely receive less money from an actual cash value policy than a replacement cost policy because the actual cash value policy takes depreciation (age, wear and tear, etc.) into account.
Under either form of policy, you will still have to pay any applicable deductible, unless that requirement is waived by the insurance company.
If I did not have renters insurance, am I covered under my landlord’s policy?
You probably are not covered, unless your landlord named you in his policy as a “named insured.”
My insurance company has denied me coverage; what can I do?
Insurance companies are required to acknowledge receipt of claims, communicate their decisions on claims, and pay claims in a timely manner. In general, insurance companies should acknowledge receipt of your claim within 15 days of receiving notice of your claim, and should communicate decisions on claims within 40 days of receiving your claim. Payouts should occur within 30 days of your acceptance of their offer.
If coverage is denied, in whole or in part, ask the insurance company to provide you with its reasons in writing, as well as whether it has an appeals process. Contact the Department of Insurance if you feel your claim has been wrongfully denied. Additionally, you may want to seek help from an attorney or public adjuster, but be aware that their fee will often reduce your total recovery.
How can I contact the Department of Insurance?
The California Department of Insurance can be reached at (800) 927-HELP (4357), from 8 a.m. to 5 p.m., Monday through Friday, to assist you with insurance-related questions. Additionally, the CDI maintains a website at www.insurance.ca.gov.
What is the phone number for my carrier?
Phone numbers for many of the carriers operating in California are as follows:
| 21st Century | (800) 322-8200 |
| Allied | (800) 282-9445 |
| Allstate | (800) 547-8676 |
| American Modern Home | (800) 543-2644 |
| Arrowhead/Carlendon | (800) 453-8610 |
| Auto Club of Southern California (AAA) | (800) 672-5246 |
| California Casualty | (800) 800-9410 |
| Century National | (800) 733-1980 |
| Chubb Group | (800) 252-4670 |
| Clarendon National | (800) 453-8610 |
| Commerce West | (800) 244-1545 or (800) 856-7658 |
| CSE Insurance Group | (800) 282-6848, option #3 |
| Farmers Insurance | (800) 435-7764 or (888) 425-2467 (877) 732-5266 (Spanish) |
| FIC/Unitrin | (888) 253-7834 |
| Fireman’s Fund | (888) 347-3428 |
| First American Property & Casualty | (888) 922-5344 |
| First American Specialty | (800) 348-3782 |
| Foremost | (800) 527-3907 |
| Golden Eagle Insurance | (800) 238-3085 or (800) 688-8661 |
| Hartford | (800) 243-5860 |
| Liberty Mutual | (800) 526-1547 or (800) 225-2467 |
| Mercury Insurance | (888) 913-6372 or (888) 313-6372 |
| Metlife Auto & Home | (800) 854-6011 or (800) 422-4272 |
| Nationwide | (877) 422-6800 or (800) 421-3535 or (800) 421-1444 |
| Oregon Mutual | (800) 934-3809 |
| Progressive | (800) 274-4499 |
| Prudential | (800) 437-3535 |
| Safeco | (800) 332-3226 |
| State Farm | (800) 732-5246 |
| Travelers | (800) 252-4633 or (800) 238-6225 |
| USAA | (800) 531-8222 |
| Wawanesa Mutual Insurance Co. | (800) 438-4300 |