Legal Question in Insurance Law in California

My property was burglarized by a contractor who was working on the property (it's a fairly sizable claim). After close to a 3-month investigation, my insurance came up with a reason to deny coverage. Although, it's not official yet, they are trying to deny coverage by stating that the policy wouldn't cover the theft because the property was vacant. The property was vacant when I purchased it and at the time the policy was initiated and it had to undergo some work before it could be rented out. The project did become larger because new things were identified that required work. Am I SOL here or can I take legal action? If yes, what type of an attorney would I need? Additionally, I am in CA, but the property is out of state. If I can take legal action, can I do it CA?


Asked on 7/20/14, 7:24 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The answer to your question largely depends on what your insurance policy says. Since the property is in another state, the policy may be subject to that state's laws and not California's. It's also possible that the policy says it is governed by a different state's laws; such provisions are usually enforceable in California, but other states might be less deferential to them.

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Answered on 7/20/14, 7:42 pm

Mr. Hoffman is correct. This will be entirely under the jurisdiction and laws of the state where the property is located. You need to address your issues to the attorneys on that state's LawGuru panel.

With that said, however, just in general it is kind of hard to see how you could have a burglary claim for a vacant property. It is also difficult to see how you could have a burglary claim involving someone you gave access to the property. So you probably should explain your situation in more detail when you re-ask your question in the proper state.

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Answered on 7/21/14, 9:29 am


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