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Can I be sued personally because I own a share of my HOA's common area?
Only if the association is carrying enough general liability insurance. California directs a tort claim brought solely by virtue of your tenancy-in-common interest in the common area to the associatio
Can I return a life policy or annuity after buying it, and do I get everything back?
Yes, within a window printed on the policy, and not always everything. Every individual life policy and annuity contract issued for delivery in California must carry a notice on the jacket or cover pa
Can my business be liable if a customer harasses one of my employees?
In California, yes, in defined circumstances. An employer may be responsible for the acts of nonemployees with respect to harassment of employees, applicants, unpaid interns or volunteers, or people p
Can my insurer make me use their repair shop after a California car accident?
No. California prohibits an insurer from requiring that an automobile be repaired at a specific automotive repair dealer. It may not even suggest or recommend one unless you expressly asked for a refe
Did Florida repeal no-fault insurance?
No. Two attempts have failed and the Florida Motor Vehicle No-Fault Law is still in place. CS/CS/SB 54 in 2021 was titled Motor Vehicle Insurance and its description included repealing the provisions
Does a California guarantee fund cover my surplus lines policy if the insurer fails?
No. California requires the surplus line broker and the nonadmitted insurer to tell you in writing, in boldface 16-point type on a freestanding document you sign, that the insurer does not participate
Does flood insurance pay for somewhere to live while my home is repaired?
No. The Standard Flood Insurance Policy excludes any additional living expenses incurred while the insured building is being repaired or is unable to be occupied for any reason, and also excludes loss
Does homeowners insurance cover earthquake damage in California?
Generally no, and California law says so in the statute itself: section 10083(a) prescribes the wording insurers must use for the mandatory earthquake offer, in at least 10-point boldface type, and th
Does my business auto policy cover an employee driving their own car for work?
It can cover the business, and it does not cover the employee. Symbol 9, Non-owned Autos Only, reaches autos you do not own, lease, hire, rent or borrow that are used in connection with your business,
Does my HOA have to tell members if its insurance was cancelled or cut back?
Yes, and the duty is broader than cancellation. The association must give individual notice to all members as soon as reasonably practicable if a policy described in the annual budget report has lapse
Does my HOA's master policy cover the inside of my unit?
Usually not, and California requires your association to tell you so in writing every year. The annual budget report must carry a statement in at least 10-point boldface saying the association's polic
Does renters insurance cover earthquake or flood in California?
Neither, with one important exception. Homeowners, renters and condominium policies do not cover damage from natural disasters such as earthquakes, floods and landslides, and flood losses are generall
Does title insurance cover problems that arise after I buy the house?
Generally no, and that is what makes this line different from every other policy. California defines title insurance as indemnifying against loss by reason of liens or encumbrances on or defects in th
How do workers compensation class codes affect a quote?
Start with which system applies, because that is a question of state. NCCI states that its Experience Rating Plan does not apply in California, Delaware, Michigan, New Jersey, New York or Pennsylvania
How is the 50-employee health coverage threshold actually counted?
As an average over the previous calendar year, counting part-time hours as fractions of a person. An applicable large employer is one who employed an average of at least 50 full-time employees on busi
How long do I have to claim on a payment bond for unpaid work on a federal job?
One year to sue, and for some claimants a 90 day notice before that. An action must be brought no later than one year after the day the claimant last performed labor or supplied material. A claimant w
How long do I have to elect COBRA continuation after losing coverage?
At least 60 days, and the clock is generous about a late notice. The election period begins not later than the date coverage terminates by reason of the qualifying event, runs for at least 60 days, an
How long does someone have to file an employment discrimination claim in California?
Three years for a California complaint, and far less federally. A complaint alleging a violation of section 12940 may not be filed with the department after three years from the date the unlawful prac
How many insurers have to decline before a broker can place my risk in the non-admitted market?
Three, but the number is evidence rather than the rule. California requires the broker to make a diligent search among admitted insurers that actually write the type of insurance in the state, and tre
How much crime or fidelity insurance must a California HOA carry?
An amount equal to or more than the association's reserves plus three months of total assessments, unless the governing documents require more. The same amount must also be carried against computer fr
If I already have workers compensation, why does the policy also have employers liability?
Because they answer different things. The workers compensation half pays the benefits the state requires for injuries that are subject to the compensation laws, and California requires every employer
Is anything in my basement covered by flood insurance?
Very little. Below the lowest elevated floor or in a basement, the only personal property the Standard Flood Insurance Policy covers is air conditioning units of the portable or window type, clothes w
Is the preliminary report a search of my title, and are its exceptions problems being fixed?
No to both, and the statute says so directly. A preliminary report, commitment or binder is furnished in connection with an application for title insurance and is an offer to issue a policy subject to
My home was not damaged, but my insurer is not renewing after a nearby wildfire. Is that allowed?
Probably not, if your ZIP Code is on the commissioner's list. An insurer shall not cancel or refuse to renew a policy of residential property insurance for a property in any ZIP Code within or adjacen
My house was destroyed. How long does my insurer have to keep renewing while I rebuild?
At least two annual renewal periods, and no less than 24 months from the date of loss. Where a total loss to the primary insured residence results from a disaster and was not caused by the policyholde
My landlord has insurance on the building. Does it cover my belongings?
No. The California regulator states directly that the landlord does not provide insurance for the tenant's personal property, and a rental dwelling policy says the same from the other side, that tenan
My life insurance lapsed because I missed a payment. Was the insurer allowed to do that?
Possibly not, and the question turns on notice rather than on payment. In California an individual life policy must carry a grace period of not less than 60 days from the premium due date, and that pe
Should I schedule valuables on my homeowners policy or buy a separate floater?
Both routes exist and the question that separates them is valuation at a loss, not limit. California's marine article enumerates the floater types that may be written as marine or inland marine insura
What auto insurance does Florida require, and what changes after a DUI?
Every owner or registrant of a vehicle required to be registered and licensed in Florida must maintain the required security. Financial responsibility is defined as $10,000 for bodily injury to one pe
What do the numbers next to the coverages on my commercial auto policy mean?
They are covered auto designation symbols, and they decide what the policy actually insures for each coverage. The Business Auto Coverage Form states that Item Two of the Declarations shows the autos
What does a California FAIR Plan policy not cover?
A great deal that an ordinary homeowners policy includes. The regulator describes the current residential offering as a limited fire policy and directs policyholders who want water damage, liability,
What does a lender insurance requirement actually prove?
A lender insurance requirement proves the loan condition is satisfied. It is written around the loan and the collateral, not around whether a household could recover. For flood, 42 U.S.C. 4012a sets t
What does a surety bond guarantee, and how is it different from insurance?
A surety bond guarantees that the bonded party will perform an obligation, and it is written for the party that required the bond rather than the party that pays for it. NASBP describes a surety bond
What does Florida PIP actually pay, and what is the 14-day rule?
Ten thousand dollars, and often only a quarter of that. Florida's required personal injury protection benefit is $10,000 in medical and disability benefits and $5,000 in death benefits resulting from
What information does a commercial property underwriter usually request?
A commercial property underwriter is generally looking at four categories of information the industry calls COPE: construction, occupancy, protection, and exposures. One wholesale insurance brokerage'
What is a claims-made retroactive date?
On a claims-made liability policy written with a retroactive date, that date is the earliest point at which the injury, damage, or wrongful act can have happened and still fall inside what the policy
What is inland marine insurance used for?
Inland marine is the classification used for movable property, property in transit, and a set of transportation and communication structures such as bridges, tunnels, pipelines and outdoor cranes. The
What is the difference between general liability and professional liability?
They respond to different kinds of harm: in the standard advisory commercial general liability coverage form CG 00 01 04 13, Coverage A pays sums the insured becomes legally obligated to pay as damage
What is the difference between replacement cost and market value?
Replacement cost is the cost to repair or replace damaged property using materials of a like kind and quality; market value is a different number, because it includes the price of land and depends on
When can a contract require additional insured status?
A contract can ask for additional insured status, but only a change to the insurance policy can grant it. On the standard ISO forms, that change is an additional insured endorsement, which states that
When does a landlord need a landlord policy instead of homeowners coverage?
In the forms read here, the dividing line is whether you still reside at the property, not whether someone else also lives there. The ISO HO 00 03 05 11 special form defines "residence premises" as th
Who maintains a balcony or patio that is exclusive use common area?
By statutory default the two of you split it: the owner maintains the exclusive use common area appurtenant to the separate interest, and the association repairs and replaces it. That split applies on
Why can two insurance policies with the same limit protect differently?
The limit is a ceiling on payment, not a description of what is covered, so two policies printing the same number can behave very differently. The number itself can mean different things: the Californ
Why did I get a bill after my workers compensation policy ended?
Because the amount was never final while the policy was running. The regulator states that the final premium of a workers compensation policy cannot be calculated until the policy term is over and the
Why did my California underinsured motorist coverage pay nothing?
Most often because the at-fault driver carried liability limits equal to or above your own uninsured motorist limit, which in California leaves nothing for the coverage to pay. California defines an u
Why did my policy pay so little for stolen jewellery when my contents limit is large?
Because the special limit is not extra coverage, it is a cap inside the contents limit. The regulator states that the limited coverage amounts for specific types of personal property are not separate
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