News News Archive Email A Friend April 22, 2024 California Division of Workers’ Compensation Posts Updated Time of Hire Notice April 22, 2024 Sullivan on Comp Launches ChatSOC. It's an Innovative Chatbot for California Workers' Compensation Professionals Integrated with an Authoritative Legal Treatise April 19, 2024 Workers Compensation Bill 2024: One percent of employee’s salary to contribute to workers’ compensation fund in Kenya. April 15, 2024 Colorado Worker Shows Head Injury Happened as a Consequence of a Knock on the Head at Work
| | California Insurance Commissioner, Dave Jones, issues formal notice to insurers regarding mudslide coverage for homeowners. By Lonce Lamonte and the California Department of Insurance - January 29, 2018
Jones encourages survivors to file claims for mudslide, landslide, and debris flow based on preliminary indications that fire was efficient proximate cause
Dave Jones issued a formal notice yesterday to all property and casualty insurance companies reminding them of their duty to cover damages from the recent mudslide and debris flows if it is determined that the ravaging of hillsides and vegetation by the Thomas and other fires was the efficient proximate cause of the mudslides. In general, homeowners' insurance policies, exclude flood, mudslide, debris flow and other similar events.
However, Jones put insurers on notice that both the Insurance Code and case law have established the legal doctrine of "efficient proximate cause" which means if the facts show the Thomas Fire, a covered peril, was the efficient proximate cause of the subsequent mudflow, mudslides, debris flow, landslide, or other similar event, then damage caused by those events should be covered under the property owner's insurance policy.
"Californians have suffered greatly with all of the devastating losses from wildfires that struck the state in the last three months of 2017," said Commissioner Jones. "Preliminary indications are that the Thomas Fire burned vegetation which would otherwise have absorbed rainfall and held soils in place, which in turn resulted in the mudflows, mudslides, debris flows or landslides. If the evidence shows the Thomas Fire or another peril covered by a homeowner's insurance policy was the efficient proximate cause of mudflow damage, I expect insurance companies to step up and cover these financial losses."
Jones is encouraging residents and business owners in Santa Barbara County affected by the mudslides, to file a claim with their insurance company. If consumers have issues navigating the claims process, or they think their claim was wrongfully denied they should contact the Department of Insurance at 800-927-4357 or online at www.insurance.ca.gov for assistance.
# # #
Lonce Lamonte and the news release of January 29, 2018 from the California Department of Insurance - www.insurance.ca.gov
|