A common theme I have noticed lately is the tendency of homeowners, having just weathered a major natural disaster, to compare their ability to recover insurance proceeds to that of their neighbors. Wondering if you can recover alternative living expenses? Curious to know if you can recover for your sewage back-up claim? Rather than looking … Continue Reading
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
Last Thursday, October 26, 2017, I had the privilege to be on KSRO 1350 AM/103.5 FM, Sonoma County’s News Talk Radio Morning News, to discuss the wildfire aftermath as communities are looking to begin rebuilding their lives with their insurance proceeds.… Continue Reading
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
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
As we near the end of this Additional Living Expenses (ALE) blog series, we can reflect back at past case law and point out there are not only negative exceptions that impact an insured. Sometimes exceptions reflect positively that aid the insured on recovery where ALE is owed to the insured due to an uninhabitable … Continue Reading
In this series of ALE blogs, I’ve come to realize that the incurring of Additional Living Expenses (ALE) is probably the most disputed part of ALE and the definitive factor of whether ALE is paid by the insurance company. It’s probably the most controversial part, as the whole concept of ALE “incurred” is based upon … Continue Reading
In Part 2 of this series I talked about what constitutes "Uninhabitable conditions" that trigger the possibility of ALE payments to the insured. This week, before we hit the ever controversial prong of ALE "incurred expense," I wanted to revisit a sub-issue of ALE that insurers are a stickler on: "normal living conditions."… Continue Reading
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
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
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
Additional Living Expense (ALE) Coverage is one of the provisions in most policies that is usually short and appears to be a straight forward, especially considering the language used in other sections of the same policy, but securing payment under this provision can be frustrating for insureds. Delay for this type of payment can cause … Continue Reading
After a major property loss occurs, insureds are concerned about whether their additional living expenses (ALE) are covered. When you are unable to live in your home but still pay a mortgage, the additional costs of a hotel or apartment can be overwhelming.… Continue Reading
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
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
(Note: This Guest Blog is by Robert Reynolds, an attorney with Merlin Law Group in the Coral Gables, Florida, office. This is the eleventh of a thirteen part series he is writing on examination under oath). Back in the days of yore when, in true Gunga Din fashion, I hauled the man’s water defending insurance … Continue Reading
