Tag Archives: ALE

What is the Date of Loss for Additional Living Expenses

In this unreported New York decision,1 Steven Hirth filed suit for breach of contract on a homeowner’s insurance policy after American Insurance Company (AIC) denied coverage for additional living expenses (ALE). On August 12, 2012 Hirth’s apartment sustained water damage when another apartment in his building had a water issue that damaged Mr. Hirth’s apartment … Continue Reading

Replacement Cost With Like Kind and Quality and ALE During Construction Awarded: Ambiguous Policy Language is Construed Against the Insurance Company

Most people understand that insurance policies are drafted by insurance companies. There is little to no negotiation of terms between a potential policyholder and the insurance company, so if language is ambiguous it is construed against the drafter—the insurance company. Below you will find details about a recent case out of the Western District of … Continue Reading

The Road to ALE, from Loss to Being Incurred, Part 2 – “Uninhabitable Conditions”

During the 15 to 30 seconds that my home rolled and shook on Sunday from the 3.5 earthquake centered in Baldwin Hills, California, I was prompted to think about the habitability or rather “uninhabitable conditions” I may encounter if the shaking got any worse or continued. Earthquakes are rather commonplace in California and thankfully this … Continue Reading

When Is A Policyholder Eligible To Receive L&O And ALE Benefits?

Ordinance or law (“L&O”) coverage is “[c]overage for loss caused by enforcement of ordinances or laws regulating construction and repair of damaged buildings.”1 Additional living expense (“ALE”) coverage “reimburses the insured for the cost of maintaining a comparable standard of living following a covered loss that exceeds the insured’s normal expenses prior to the loss.”2… Continue Reading

Navigating Payment Due to Policyholders for Additional Living Expenses – Part II

In my post last week, Navigating Payment Due to Policyholders for Additional Living Expenses, I discussed how difficult it can be for policyholders to receive funds from their insurance carriers for the costs associated with securing a temporary residence or other extra living expenses resulting from a covered loss. Public adjusters are often tasked with … Continue Reading

One-Year Policy Deadline Should Be Extended for Victims of Boulder County Fourmile Canyon Fire

September 2011 will mark one year following the devastating Boulder County Fourmile Canyon Fire, and Colorado policyholders must be aware of insurance policy deadlines and their rights. The scope of repair, cost of replacement, and amount of coverage for additional living expenses are often the subject of property insurance litigation against insurance companies. Homeowner replacement … Continue Reading

National Flood Insurance Program Legislation Moves Forward

The National Flood Insurance Program (NFIP) is facing a September 30th deadline. That is the date the temporary extension runs out on the Flood Program. Unless a bill that reauthorizes the program passes, the NFIP could expire. But this week, the House of Representatives passed H.R. 1309 (The Flood Insurance Reform Act) by an overwhelming majority.… Continue Reading
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