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
‘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
Clarifying CA v. Montgomery-Sansome In December 2021, a California trial court decision caused confusion in some circles regarding contractors’ use of Assignments of Benefits (AOB). The case, entitled California v. Montgomery-Sansome, is not about AOBs. The case is about illegal public adjusting and the failure to comply with California’s strict rules about what must be Read More
Want stronger rights to payment for your job? Policyholders running off with policy proceeds and not paying you? An Assignment Is Your Best Protection! I am excited to share this article, and podcast/video interview, from Cleaning & Restoration Magazine, by the incredibly talented Michelle Blevins. An assignment makes you the owner of the insurance proceeds. Read More
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