Legal Question in Insurance Law in California

I am a licensed contractor. I was hired by an insurance company to do emergency restoration work to a homeowner's house after a water pipe broke. I did the restoration work. The homeowner's insurance policy says that the insurance company will issue a check to the homeowner and then the homeowner is to pay me. Now the homeowner refuses to pay me. I want to know if I can sue the Insurance Company for not including my name on the check. I am intending on suing the homeowner immediately and want to know if I have any legal recourse against the insurance company.

Asked on 10/31/11, 2:01 pm

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2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

You cannot sue the insurance company for not including you on the check. You may, however, have other grounds to include the insurance company depending on exactly how the contract was entered into and who signed it. You should talk to a local construction law attorney.

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Answered on 10/31/11, 2:06 pm

Steven Murray Steven W. Murray, APC

I suggest you contact the adjuster who hired you. You must have some kind of relationship with it, and explain the situation. It can probably force the insured to pay you as this might be a fraud on the insurer. You might be able to hold the insurer responsible depending on the details on your retention. The fact that the policy says one thing does not bind you, your agreement was with the insurer (it appears) and not with the insured person. Insurers have been held responsible for paying claimants directly without naming the claimant's attorney. Good luck.

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Answered on 10/31/11, 2:54 pm

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