Sebastopol, CA asked in Insurance Bad Faith and Insurance Defense for California

Q: I just lost my home and everything I own due to the wildfires in Santa Rosa. Insurance company is asking for a lot!

Homeowners Insurance company is asking for a lot. They want me to create a spreadsheet of thousands of items, describe each of them, document their age and put a value on it. This will take months of full-time work. I am wondering if I can just ask for a percentage less of what they owe and not have us create it, or them review it. So for example, if our policy states we are covered for $400k, they will just cut us a check for say 10% less than that and both of us will get rid of the red tape. Is that possible?

2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: Unfortunately, that won't do it, although you may be able to handle the necessary paperwork in a way that takes a lot less time than you anticipate. The amount of coverage really doesn't determine the amount of your claim, except to put a cap on it. Of course, if you have $400K in coverage, own the home outright, and can demonstrate the value of the home vastly exceeds the policy limits, that could work. Then, you would not have to bother with a contents claim. So sorry for your loss.

William John Light
William John Light
Answered
  • Insurance Claims Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Anything is possible, it's just not very likely. Part of your duties under the policy is to create a Proof of Loss Statement. That means a list of what was destroyed and/or purchase price and value. That may require receipts, photographs (to prove ownership), estimates or offers of sale for identical or similar items (to prove value). If you aren't willing to perform your duties under the policy, your insurer has no obligation to pay.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.