Stephanie Poli

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Why California Insurance Reform Can Improve Disaster Recovery in the Future

As many Californians continue to repair, rebuild, and regain financial health after the disasters throughout the State, many are looking at insurance reform as a solution for the future. Insurers should provide the funds due to individuals and businesses after a disaster, but as surveys have shown, these funds don’t always flow as they should.1… Continue Reading

Can a Marijuana Grow Operation Also Be a “Residence”?

The case of Weingarten v. Auto Owners Insurance Company,1 may have raised some interesting ideas about insurance policy interpretation, yet it was ultimately decided by a number of case-specific facts. Connie and Edward Weingarten sued their homeowner’s insurer, Auto-Owners Insurance Company, arguing that the company had improperly denied their insurance claim, which sought coverage for … Continue Reading

What Are Your Temporary Housing and Additional Living Expenses Options Following a Devastating Property Loss In California?

We recently had a request for a blog topic discussing additional living expenses (“ALE”) options following the loss of a home and subsequent evacuation. Under many insurance policies, not only is your real and personal property covered, but you may be entitled to additional living expenses, meaning food and housing costs, relocation, storage, meals when … Continue Reading

Will Insurance Companies Fairly Adjust Claims Following Recent California Fires?

In Northern California, more than a dozen wildfires that began on Sunday are still raging. These fires have become one of the deadliest outbreaks in the state’s history, already burning through more than 100,000 acres, destroying thousands of homes, businesses, and wineries. Growing up visiting family in the Bay Area often, and attending law school … Continue Reading

California Supreme Court Affirms California Fair Plan Ass’n v. Garnes, and Preserves Homeowners’ Interests

The California Department of Insurance recently issued a press release announcing that the California Supreme Court affirmed the homeowner reimbursement protections recently decided in California Fair Plan Association v. Garnes.1 Back in June, my colleague Kevin Pollack wrote about the recent decision and whether actual cash value means fair market value or replacement cost minus … Continue Reading

In California, Can an Insured Homeowner Recover Full Replacement Cost by Purchasing a Home at Another Location?

The short answer is yes. In Conway v. Farmers Home Mutual Insurance Company, the California Court of Appeal followed several out-of-state authorities in considering the issue and ruling in favor for the insured.1 Chip Merlin raised this issue with respect to Texas back in 2009 – finding that the courts there apply the law a … Continue Reading

The Interplay Between Property Damage Caused by an Explosion and Coverage

Insurance provisions related to explosions, like all other terms, are subject to the rules of construction applied to all insurance contracts. Typically, property damage caused by explosions is covered under the policy. However, some policies may expressly define the term “explosion” to exclude events that would generally be defined as such.1 For instance, policies may … Continue Reading

Risks and Activities Covered by Insurance Policies

Often, your insurance policy will protect your property from loss by burglary, larceny, and other types of offenses. However, policies also contain numerous exclusions so it is important to read the small type in these policies because insurance companies often narrow these common-law offenses by placing certain requirements on the activity. For instance, the policy … Continue Reading

Special Requirements and the Basics of Flood Insurance

Many homeowners don’t realize that a standard homeowner policy does not cover flood damage. That is why it is so important to purchase additional insurance for floods. Federally subsidized flood insurance is available, providing limited coverage under the National Flood Insurance Program: up to $250,000 for single family dwellings plus $100,000 for personal property, including … Continue Reading
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