ALE rules in CA for partial loss Kimberley Wren asked 12 months ago
ALE rules in CA for partial loss

Hi,

We’ve lost use of our home due to lack of electricity after a tree damaged our house and severed the electrical connection. Our insurer is covering our hotel stay, but then only repaying for “incurred costs” making us nearly go broke. No hotel here has a kitchenette, and they can’t seem to find us any longer term place. They say they won’t allow for any lease at this time without a timeframe for when electricity will be restored. They say after it is restored we can move back in our home. They told us they don’t usually pay for food after ALE services take over…but we have no place to cook! We’re paying out of our pockets to dine out every meal! We feel like we’re being held hostage waiting for a timeline that after weeks we don’t have and no one is able to give it to us, especially because weather is a factor. Are these practices reasonable? (We do not have a total loss.)

Also, once power is back on to our home we are still unable to have access to an entire bedroom. Extensive work will need to be done including opening the roof to repair. A second bedroom upstairs requires roof repair too. Our bathroom requires its skylight to be replaced. So with multiple rooms needing to be exposed to the outside while we are experiencing huge amounts of rain, it doesn’t seem reasonable to live back in our home during this time when we won’t have a room to sleep in. We want to be back in our home, but we don’t want to be forced to be uncomfortable and further burdened during this process. Are we right about this?

Thank you,

Kim

1 Answers
Don A. Lesser, Esq. Don A. Lesser, Esq. Expert answered 11 months ago

Kimberley – I’m so sorry you’re experiencing what appears to be extremely poor service from your insurer. Some of your questions require review of your policy terms, and your questions involve many issues which make it difficult to give you complete answers in this format. But my impression is that your insurer is depriving you of policy benefits to which you are entitled. Generally speaking the insurer should be paying the hotel directly. ALE coverage includes meals. And if the tree severely damaged your home to the point where you can’t reasonably live there until the roof repairs are done, the ALE should continue until the repairs are completed. It shouldn’t be limited to the time required to restore the electricity. That position is particularly surprising to me.

I urge you to consult with one of the lawyers listed on UP’s website who handles property insurance claims to analyze the coverage you’re entitled to and communicate with the insurer on your behalf in an effort to get them to do what the policy requires them to do. Good luck!