P-II.A · Property Basics
Property vs. liability, claimants, subrogation and arbitration
Property coverage pays for damage to the insured's own property. Liability (casualty) coverage pays others when the insured is legally responsible for harm to them or their property. If the insured negligently knocks down a neighbor's fence, that is a liability loss, not a property loss.
Who is claiming? Under California's claims regulations:
First party claimant (10 CCR §2695.2(f)): asserts a right under the policy as a named insured, other insured or beneficiary.
Third party claimant (10 CCR §2695.2(x)): asserts a claim against a person or interests insured under the policy.
Subrogation: after paying a loss, the insurer takes over the insured's right to recover from the party at fault. The California standard fire form lets the insurer require an assignment of that right only to the extent of its payment, so it cannot recover the part it never paid, such as the insured's deductible.
Settling disagreements:
Arbitration: a neutral third party hears both sides and decides the dispute outside of court. (A mediator only helps the parties reach their own agreement.)
Appraisal, under the standard fire form: narrower. It applies when the insured and insurer fail to agree on the actual cash value or the amount of loss, not on whether a loss is covered.
Remember
· First party = insured claiming on own policy; third party = claiming against the insured.
· Subrogation only up to what the insurer paid.
· Appraisal = amount of loss; arbitration = neutral decides the dispute.
CA
California Insurance Exam Prep
Bilingual practice for the California insurance license exams.
California Insurance Exam Prep is an independent study aid published by ORIGINAL HEART INC. It is not affiliated with, endorsed by, or connected to the California Department of Insurance (CDI) or PSI Services. All practice questions are original and written from the public CDI examination objectives and California law. They are not actual exam questions. Using this app does not guarantee that you will pass the licensing exam. Laws and exam content change; always check the current CDI Candidate Information Bulletin.
© 2026 ORIGINAL HEART INC
Exam prep classes
Life and real estate license exam prep with experienced instructors.
Learn more ›