Chapter recap
Property Policies
Parts of a policy and common provisions
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Six parts: declarations, insuring agreement, definitions, conditions, exclusions, endorsements.
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Duties after a loss = conditions.
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Supplementary payments are on top of the limit.
Valuation: ACV, replacement cost, market, agreed, stated and valued policies
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Agreed value = agreed amount paid on a total loss; stated value = a ceiling.
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Valued policy, total loss = whole amount insured (§2054).
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RC requiring repair: ACV first, the rest after the work.
The mortgage clause and concurrent coverage
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The mortgagee is protected even if the owner's claim is denied.
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Insurer that pays the mortgagee is subrogated up to its payment.
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Mortgagee gets 10 days' written notice of cancellation.
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Same terms = concurrent; different terms = nonconcurrent.
Cancellation limits and notice periods
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§676 limits apply after 60 days (new policy) or immediately (renewal).
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Homeowners cancellation notice: 20 days; 10 for nonpayment or fraud.
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Commercial: 30 days; 10 for nonpayment or fraud.
Refunding unearned premium and nonrenewal timing
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Personal lines refund: 25 business days; other policies: 80.
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Late refund: 10% annual interest.
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Nonrenewal notice 75 days; reduced-coverage renewal offer 45 days.
The California Standard Form Fire Insurance Policy
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Perils: fire, lightning, removal from endangered premises.
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Actual cash value basis; no theft coverage.
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Other wording must be substantially equivalent or more favorable (§2070).
After a disaster: renewal rights and living expenses
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Disaster total loss: renewal offered for 2 annual periods, at least 24 months.
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State of emergency ALE: 24 months + up to 12 = 36.
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Civil authority order: 2 weeks, plus 2-week extensions.
State of emergency: contents without an inventory, and combining limits
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Outline: contents payment of at least 30% of the policy limit, no itemized claim.
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Current law: at least 60% of the personal property limit, up to $350,000.
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Dwelling limit short? Combine dwelling + other structures limits.
Replacement cost rules in Section 2051.5
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ACV first; the difference after repair or replacement.
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Time to collect RC: at least 12 months, or 36 in a state of emergency, plus 6-month extensions.
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New location or buying elsewhere: paid up to original-site cost, no land deduction.
CA
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