Tag Archives: California

Deciphering the Homeowner’s Insurance Policy in California

The most frequent questions asked by clients when they initially consult with my offices is, "Does my policy cover this loss? or Does my policy provide for__?" The answer almost exclusively is, "let’s look at your policy." It&…

California Assembly Passes Bill Requiring Health Insurance Filing and Disclosures

On May 3, 2012, the California Assembly passed a bill that would require health insurers that are regulated by the Department of Insurance to submit information to the department when the insurer plans to terminate its contract with a provider group or…

Iran-Related Investment Bill Clears Committee

On May 2, 2012, the California Assembly Insurance Committee approved a bill that would direct the insurance commissioner to treat a domestic insurer’s investment in a company that has business operations in Iran as a non-admitted asset.
Assembly …

No Attorney Fees Can Be Awarded for Non-Payment of Rest Breaks, California Supreme Court Rules

In Kirby v. Immoos Fire Protection, Inc., the California Supreme Court held that neither California Labor Code section 1194 nor section 218.5 authorize the payment of attorney fees in an action seeking recovery for denial of required rest breaks under …

California Senate Committee Approves Two Bills Based on NAIC Models

The California Senate Insurance Committee has given unanimous approval to two bills that are based on NAIC model laws relating to reinsurance and insurance holding companies. The Department of Insurance testified in support of both bills at the committ…

In California, Homeowners Insurance Policies Must Disclose What Kind of "Replacement Cost" Coverage Exists for the Insured

After a property loss occurs, an insured is always responsible to show the amount of loss claimed. We are often asked whether a policy covers "replacement cost" value (RCV) or "actual cost" value (ACV). Although an insured may not b…

EUOS in California must comply with Insurance Code 2071.1

It is clear that examinations under oath (EUOs) are preconditions to coverage, and an insured, if asked, must comply this questioning. An EUO is the opportunity for an insurance company to question its own insured, under oath, regarding a loss or damag…

California Workers’ Compensation Looms as a Major 2012 Legislative Issue

On March 28, two California legislative committees met to hear concerns about the California workers’ compensation system. The chairs of the committees declared that the hearing was the Legislature’s first-step in this year’s eff…

California Tornado Claims on the Rise?

Recent tornado claims from the midwest and southern states are estimated to be over one billion dollars in damages. Generally, when people think of California, they think of earthquakes, wildfires and mudslides. However, over the last year, we have exp…

Significant Insurance Bills Being Considered by California Legislature

California legislators will consider a variety of insurance-related issues before the 2012 legislative session ends on August 31, 2012.
Hundreds of bills were introduced prior to last month’s deadline for bill introduction. Many of the newly…