Sandra J. Smith
Insurance · Cardiff · San Diego County
Bar #147551 · Admitted 1990
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Indexed from official State Bar of California records · Identity verification · Updated regularly
Answer FileInsurance
For a dispute over the amount of a property loss, demand appraisal: the standard-form policy in Insurance Code section 2071 lets either side compel a process where each party's appraiser, with an umpire, fixes the loss amount. Supplemental claims with independent estimates, Department of Insurance complaints, and bad faith remedies round out the options.
Underpayment is fought with paper, and California gives policyholders several kinds. Start with the estimate gap: obtain independent contractor bids or replacement quotes and submit a supplemental claim documenting what the insurer's scope missed; supplements are routine, not confrontational. If the dispute is about the amount of loss rather than coverage, either side may demand appraisal under the standard-form conditions of Insurance Code section 2071: each party appoints an appraiser, the appraisers select an umpire, and the award fixes the amount of loss, typically faster and cheaper than litigation, though it cannot decide coverage questions. Insurers remain bound throughout by the Fair Claims Settlement Practices Regulations, including the bar on unreasonably low settlement offers, and a Department of Insurance complaint creates a regulatory record. When the underpayment is unreasonable rather than a good-faith dispute, a bad faith action can recover the shortfall, consequential damages, Brandt attorney fees, and potentially punitive damages. Keep every estimate and every letter; the delta between them is the case.
Authority: Cal. Ins. Code § 2071
Source: Cal. Ins. Code § 2071 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.
Insurance · Cardiff · San Diego County
Bar #147551 · Admitted 1990
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