Denise Sze

Subscribe to all posts by Denise Sze

Napa Wine Country Wildfire Town Hall

The recent fires in Napa Valley and Sonoma, California present numerous issues for homeowners and business owners alike when it comes to navigating insurance claims. Questions arise as to what coverages are provided under a given insurance policy, how determinations on what is owed are made, what are the options on rebuilding, loss of income … Continue Reading

Insurance Bad Faith Can Also Be Found When an Insurer Fails to Properly Investigate the Claim

Insurance Codes are regulated by each state, but ask any insurance company representative in any state and they will tell you it is an insurance company’s duty to place the insured’s interest ahead of the insurance company’s interests; and the proper way to handle a claim is to find coverage wherever possible.… Continue Reading

Personal Property Depreciation by the Insurance Company After a Loss Should be Scrutinized by Policyholders

I often hear the same complaint from clients: They feel the insurance company has undervalued their personal property after a loss and are frustrated by the insurance company’s valuation and rate of depreciation. The reality is that even when an insured has a “replacement cost” policy, the insurance company can depreciate personal property values because … Continue Reading

California Earthquake Policies Add Endorsements

While the rest of the country watches for hurricanes, Californians are wondering when the next large earthquake will occur. Unfortunately, there is very little time to prepare for an earthquake as there really are not sufficient warning signs that can allow homeowners and businesses to pack up or board up their breakable belongings. Although most … Continue Reading

Does Actual Cost Value Equal Fair Market Value When it Comes to Property Damage?

When reading insurance policies it can be confusing to a policyholder regarding the differences in valuation of real property and personal property when terms like “fair market value”, “actual cost value”, and “replacement cost value” are referenced without explanation. Insurance companies use these terms as if everyone should understand their meaning and sometimes, these terms … Continue Reading

Insurance Appraisal takes on the rules of Arbitration but Preserves Bad Faith in Hawai’i

Insurance is a heavily regulated industry and everyone who reads our daily blog knows that insurance rules and regulations vary by state and fall under each individual state’s jurisdiction. Hawai’i is no different and in a state whose insurance laws are still evolving, it is interesting to see that when it comes to appraisal in … Continue Reading

If the Claims Attorney is Also the Adjuster, the Work Product Doctrine May Not Apply when Seeking Discovery

In past blogs I’ve talked about rulings and the trend across the country where courts are deeming work product privilege in bad faith litigation for the claims attorney to be incorrect and so their work product is discoverable. Courts are ruling that just because an attorney for the insurance company is on a file and … Continue Reading

Can an Insurer Rescind My Policy After a Loss?

In the insurance industry, the words “post-claims underwriting” are considered words of bad faith. “Post claims underwriting” is the term used when an insurance company refuses to pay a covered claim because the insured is not within the category of a risk where a policy would have been issued in the first place. An insurer … Continue Reading

California Bad Faith Revisited

As a property insurance attorney I am often asked whether bad faith damages are recoverable in California. Over the course of many years, California case law has changed and the recovery of bad faith damages, versus attorney fees and punitive damages, has evolved. Bad faith damages are tort damages while punitive damages are recoverable only … Continue Reading

Cancellation of Homeowner’s Insurance After a Loss

One of the biggest complaints I hear from homeowners after suffering a property insurance loss emerges out of the insurer’s “cancellation” or failure to renew the policy after the loss occurs. After suffering a loss, the thought of trying to get new insurance while the loss has not been completely resolved is a devastating and … Continue Reading

California News Highlights El Niño

If you live in Southern California and watch the news, you’d find there are endless broadcasts highlighting the anticipated coming of what meteorologists believe to be the worst El Niño weather pattern that California has experienced in decades. Just this morning I watched a segment that highlighted the differences on the impact of El Niño … Continue Reading

CAPIA Calls Out to All Licensed Public Adjusters for November 9, 2015 Meeting at Maggiano’s Little Italy in Orange County, South Coast Plaza

On November 9, 2015 at 11am, CAPIA renews its fight against Senate Bill 488 after the bill turned into a two year bill earlier this year. CAPIA will hold an informative membership general meeting to discuss the bill and reach out to all public adjusters to invite and encourage input into the needs of the … Continue Reading
LexBlog