Legal Question in Business Law in California
Interstate Transportation of Personal Property
This question was originally submitted 7/6/1998.
It has not yet been answered.
We moved from Texas to California.
Our goods were packed, transported, and unpacked by Bekins or one of their subcontractors.
We had purchased their property insurance that covered all property at replacement cost.
The initial estimate was $3000 in damage.
The claim was refused.
What is the recourse?
What type of lawyer handles this type of case?
2 Answers from Attorneys
Re: Interstate
In order to better evaluate your potential case
I would need more information. My office
does handle insurance bad faith claims. I would be
happy to give you a free consultation with no obligation
you can Email me directly at the email address below
with your phone number and I could give you a call
a discuss your case or you can call me direct at
805-546-9909.
I look forward to hearing from you.
Sincerely,
John Hayes
My office is in San Luis Obispo, but I practice
throughout the state of California.
John Hayes
The John Hayes Law Offices
P.O. Box 3003
Re: Interstate Transportation of Personal Property
You say that the claim was refused, but you don't state the reason for the refusal. Did the insurer say why it isn't paying? The language of the policy should explain the requirements; if the damages were below the deductible, if you didn't meet your obligations or if a particular exclusion applies, you may be out of luck.
You could take the claim to a small claims court. Cases with values below $5,000.00 can be handled by small claims courts in California, and you don't need a lawyer (in fact, lawyers aren't even allowed).
If the insurer is just trying to play hardball, then it may have violated its duty of good faith and thus be liable for punitive damages. Because your damages are small, the punitives will probably be limited as well. Then again, if it turns out that the insurer has done this to others, you might get a class action going.
In any of these scenarios, the policy language and the particular facts of your case are key. You haven't provided enough information for me to offer a better answer than this.
Edward Hoffman
Law Offices of Edward A. Hoffman
11620 Wilshire Boulevard, #340
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