Pennsylvania Decides Again that Assignments of Bad Faith to Restorers are Valid

Pennsylvania Decides Again that Assignments of Bad Faith to Restorers are Valid

Pennsylvania Federal Court held that bad faith claims could be assigned to a third party, such as a restoration company, who alleged injury from the insurer’s conduct in adjusting the claim.  State Farm Fire and Casualty Company (“State Farm”) insured 1133 Columbia LLC’s property (“Columbia”). Royal Water Damage Restoration (“Royal Water”) performed mitigation, remediation, and Read More

Cross Examination: Don’t Let Your Cats Turn Into Dogs

Cross Examination: Don’t Let Your Cats Turn Into Dogs

How to Manage the Risks of Catastrophe Recovery Work Entering the CAT world is one of the riskiest business decisions a contractor can make. If you plan to pick up your business and move it to a disaster area for a month or more, you must consider everything. Many contractors race to the disaster area Read More

Cal OSHA Reminds Employers to Protect Workers from Unhealthy Air due to Wildfire Smoke

Cal OSHA Reminds Employers to Protect Workers from Unhealthy Air due to Wildfire Smoke

California Occupational Safety and Health Administration (Cal OSHA) reminds employers to be prepared to protect workers from unhealthy air before a wildfire occurs. Harmful air quality from wildfire smoke can occur anywhere in California on short notice. California experienced two of its largest wildfires in the past two years: The Dixie Fire in 2021 burned Read More

Sanitizing and Disinfecting Service Companies Need Pest Control Business License

Sanitizing and Disinfecting Service Companies Need Pest Control Business License

California Expands Licensure Requirements California Restoration businesses may be required to obtain another license.”Companies and individuals that advertise, solicit, or perform sanitizing or disinfecting services (such as COVID-19 applications) must hold a Pest Control Business License with the California Department of Pesticide Regulation (DPR) and register with the local County Agricultural Commissioner in each and Read More

National Contractor Licensing Agency Coordinated Sting Operations Across the Nation

National Contractor Licensing Agency Coordinated Sting Operations Across the Nation

The National Association of State Contractors Licensing Agencies (NASCLA) coordinated sting operations resulting in 775 cases of violating state licensing requirements. This synchronized national enforcement effort targeted: Arizona, California, Connecticut, District of Columbia, Florida, Mississippi, Nevada, North Carolina (2), Oregon, Texas, and Utah. The intention was to combat “the increased illegal unlicensed activity nationally” and Read More

Jordan v. Allstate Ins. Co.: Failure to Conduct a Full, Fair, and Thorough Investigation on a Claim?

Jordan v. Allstate Ins. Co.: Failure to Conduct a Full, Fair, and Thorough Investigation on a Claim?

Most insurance policies contain terms that are hard to understand, and the policies are often written ambiguously and confusingly. Besides providing coverage, policies also assign responsibilities to the insured and duties to the insurer. One duty is the implied covenant of good faith and fair dealing. A moniker for the breach of this covenant is Read More

Unlicensed California Contractors Get Nailed in Statewide Sting Operations

Unlicensed California Contractors Get Nailed in Statewide Sting Operations

In California, it’s illegal for an unlicensed person to bid for or perform any home improvement valued at $500 or more in combined labor and material costs. The Contractors State License Board (CSLB) licenses and regulates almost 290,000 contractors in California and is one of the leading consumer protection agencies in the United States. In Read More

Cross-Examination: Who is in Charge of Setting Restoration Prices?

Cross-Examination: Who is in Charge of Setting Restoration Prices?

‘We Don’t Pay for That.’ Why DON’T you Pay for That? The insurance industry is legally required to adapt to what the restoration industry charges. It is not the other way around. Carriers need an objectively reasonable justification for denial of claims decisions or they face liability for insurance bad faith.  “When restorers allow insurers Read More

Cross Examination: Are Work Authorizations Really Contracts?

Cross Examination: Are Work Authorizations Really Contracts?

There is continuous confusion about work authorizations and contracts. A work authorization authorizes the restorer to enter and do the work. A contract is an agreement between 2 or more parties intending to be legally enforceable.  Work Authorization + Payment Clause ? Contract. The purpose of a contract, especially when thought out intentionally, is to Read More

Uncle Ed Pleads With You for Better Documentation

Uncle Ed Pleads With You for Better Documentation

Break the Vicious Circle With Insurance Adjusters “Let’s face it; the property damage insurance claim environment has become increasingly adversarial in recent years. There is plenty of blame to go around. Some adjusters are too heavy-handed in adjusting and some restorers are too heavy-handed in billing. Insurers who routinely chop 25% off every restoration invoice Read More

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