California Department of Insurance

Even though California was running below its seasonal average for precipitation, a set of winter storms hit the state this week. California’s Department of Insurance (“CDOI”) timely released a Notice to all property and casualty insurance carriers who provide homeowners and commercial property insurance to California consumers about their obligations to cover mudslide events, specifically in areas recently impacted by wildfires.
Continue Reading California Department of Insurance Reminds Carriers to Cover Mudslides Following Wildfires

Our client’s home was totally destroyed in the 2017 Tubbs Fire. After his carrier, Liberty, engaged in unfair claims practices, he filed multiple complaints with the California Department of Insurance (“CDI”). The CDI ignored his complaints for months but pretended it was investigating. Eventually, our client filed suit against Liberty—and the CDI.
Continue Reading Insureds May Be Able to Sue the California Department of Insurance For Not Meaningfully Reviewing Consumer Complaints

“My broker told me….” is a common start to almost every caller who has contacted Merlin Law Group’s California office regarding a potential claim for business interruption damages due to the COVID-19 pandemic. California was the first state to issue a stay-at-home order on March 19, 2020, under Governor Newsom’s Executive Order N-33-20. On that date, many non-essential businesses were forced to temporarily stop operations with the goal of limiting the spread of the novel-coronavirus and ensure healthcare systems were not overwhelmed.
Continue Reading Insurance Commissioner Provides a Quick Reminder to Insurance Companies of Their Obligations to Fairly Investigate All Business Interruption Claims Caused by COVID-19

California’s Senate Bill 2401 is making its way through the legislature and will hopefully bring some important changes to the way insurance companies train their out of state adjusters who handle California based policyholder’s claims. The bill, also known as the Insurance Adjuster Act of 2019, was created by Senator Bill Dodd to eliminate confusion and delays caused by out-of-state or unaware adjusters.
Continue Reading California’s Insurance Adjuster Act of 2019 Is Coming

California Insurance Commissioner Ricardo Lara

California policyholders historically have a very involved and consumer protecting Department of Insurance. Those wishing to file California consumer complaints about slow paying, wrongfully denying or simply bad insurance companies have a fairly easy method to do so.
Continue Reading How To File A Complaint With The California Department of Insurance About Your Delaying, Denying and Bad Treating Insurance Company

Dave Jones, California’s insurance commissioner, has declared an emergency situation following the Camp and Woolsey wild fires. This will allow insurance companies to use out-of-state adjusters, in an attempt to handle the large volume of claims resulting from the fires.
Continue Reading California Issues an Emergency Declaration, Allowing Insurance Companies To Use Out-Of-State Adjusters

Under California Insurance Code section 1861.05(b), most property and casualty insurers seeking a rate change must submit an application that includes various financial information and “such other information as the commissioner may require,” including what the Department of Insurance describes as “underwriting rules.” “Underwriting rules” are “any rule or factor used by an insurer in the process of examining, accepting, or rejecting insurance risks, and classifying those risks selected in order to charge the proper premium for each.”1
Continue Reading California Department of Insurance Issues Opinion That Underwriting Rules Submitted By Carriers Are Public Information

More states across the country are implementing legislation allowing for the legal use of cannabis. Currently 23 States and the District of Columbia allow for medical use with four of the states and D.C. also allowing recreational use. The conflicts between state and federal law have left businesses uninsured and often without access to bank accounts.
Continue Reading California Department of Insurance Has Approved the State’s First Cannabis Business Owners Policy

Most homeowners and commercial insurance policies contains exclusions for loss or damages caused by mudflow or other similar occurrences. An example of on such exclusion is included below:

b. Earth Movement and Settlement, meaning earthquake, which includes land shock wavers or tremors before, during or after a volcanic eruption; landslide; mudflow; sinkhole; earth sinking, rising or shifting; clay shrinkage or other expansion or contraction of soils or organic materials; decay of buried or organic materials; setline cracking or expansion of foundation;

Continue Reading California Mudslide Exclusions Unenforceable Where Wildfires Caused Slide