Legal Question in Business Law in California

Insurance Refusal

Is it illegal for a business to refuse a tenant insurance information if an accident occured and they are liable?

Thanks


Asked on 11/30/06, 8:04 pm

3 Answers from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: Insurance Refusal

It is not illegal. This is one reason you need an attorney. The business will be more likely to respond and provide you with their insurance information if they receive a letter from an attorney.

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Answered on 11/30/06, 8:07 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Insurance Refusal

No, but if the business is liable then your claim is against the business and not its insurance company. The business can make an insurance claim itself if it wants to.

If the amount at stake is large enough you may want to sit down face-to-face with a lawyer to discuss your options.

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Answered on 11/30/06, 8:16 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Insurance Refusal

Is the business you refer to the landlord here? Is the tenant the victim of the accident? Whose insurance information is being refused and by whom?

The two attorneys who already answered you are correct if your question can be interpreted as follows: "A tenant was injured on the landlord's property. The landlord is refusing to tell the injured tenant about his insurance coverage, if any. Can the landlord legally refuse to give the tenant information about the landlord's insurance coverage, if any?"

If this a correct restatement of your question, I would agree with the previous two answers -- You must make your claim against the landlord, who then will (or should) have his insurer (if any) spring into action to review the claim and either pay it or defend the landlord from your lawsuit following refusal of the landlord to pay. Ordinarily, you will not deal directly with the imsured party's insurance company, except to cooperate with their adjuster or appraisers when they make appointments with you to discuss your claim against their insured.

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Answered on 11/30/06, 8:56 pm


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