Tag Archives: Additional Living Expenses

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

The Road to ALE, from Loss to Being Incurred, Part 1

On Thursday, March 26, 2015, The First Party Claim’s Conference West was held in Marina del Rey, California. At the conference, I was delighted to speak and present two topics for CE credits. My presentations were titled, “Additional Living Expenses – Getting ALE Covered – Does It Really Need To Be Incurred?” and “Documenting a File, … 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