Concord, CA asked in Insurance Defense for California

Q: In 2/20/2017 there was a flood in some areas of San Jose, CA., and my house's foundation was damaged by the water, but I

realized now because of the city's inspector report. Therefore I submitted a claim to my insurer this month.

But because of the late reporting the insurer asks me to sign a Non-Waiver Agreement. What the document is about? Should I sign it?


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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A California attorney must advise you here, but your post remains open for five weeks. As a general concept, non-waiver agreements arise in property & casualty claims when the insurance carrier reserves its rights to investigate and defend a claim, and where it does not concede liability. This is very general - a California attorney would really need to see the agreement to advise meaningfully. You may have already resolved your claim at this point. But if not, it's worth noting that these settings are often fact-intensive. It could be difficult for even a California attorney to answer your question based on the brief facts presented here. Good luck

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