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

Q: Based on previous question, is it okay that I have served insurance co. for small claims court first vs. mitagation co.?

Letters were sent to both Insurance co. and mitagation co. about appliances (outside) being ruined and asked for replacement payment. Both denied responsibility. The mitagation co. wrote back stating that they are not responsible and turned it back to insurance co. The reason why I decided to take insurance co. to small claims first is because they never told me I had the option of storaging my appliances after the packout to backyard and I advised agents they were sitting in backyard. Insurance co. denied and wrote back that the mitagation co. stated repairs should have taken 6 weeks for home to be repaired to normal (from original date of October 2019.) However, no work on kitchen and rest of home was touched (except bedroom) until the final insurance payment for repairs was received (March 2021) for contractors to start. Contractors advised to complete a full kitchen, painting (kitchen/living/dining/stairs), dry wall, etc., was more money than I had received from insurance co.

1 Lawyer Answer
Neil Anapol
Neil Anapol
  • Insurance Claims Lawyer
  • Burbank, CA
  • Licensed in California

A: I would have sued both of them in the same case, and if they wanted to blame each other -- let them. They are both responsible for what happened. As far as you're concerned, it does not matter how you allocate the loss.

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