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Community Assisting Recovery, Inc.

“Survivors Helping Survivors” • 888-216-8264 • carehelp.org

 

Index:

This Week’s Meeting Schedule:

Insurance/Recovery Tip: ... One Year Deadline Clarified

CARe Update: …...……..Fighting to get Everett VS State Farm Depublished

SDG&E Lawsuit Q&A ... Updated Rumor Sheet

Disaster Recovery: .....Concow residents look toward recovery

Insurance Industry: ... American Association of Justice ranks Allstate No. 1 among nation's worst insurers

Disaster Prepared :... 21st-century disaster prep tips you won’t get from officials

Disaster News: …….... Humboldt Fire started by arson say fire officials

Quote of the week: … from the TV Show Greensburg                     

 

 

Help CARe provide assistance to disaster survivors and continue our free services.

Click HERE to donate.

 

 

 

This Week’s Meeting Schedule:

Date

Time

Topic

Location

Tuesday, July 22

6:30 PM

Crunch Time and Settlement Strategies

Holiday Inn - 17065 West Bernardo Drive, San Diego CA 92127                                      -    MAP

Wednesday, July 23

6:30 PM

First steps to recovery

Moreno Valley - Call for details

 

Insurance/Recovery Tip:

One Year Deadline Clarified

There are 3 deadlines to file a lawsuit regarding a claim against your insurer:

  • Contract—the insurance policy itself—one year from the date of the loss.
  • Statute—California Insurance Code Section 2071 (and 2070)—one year from the date the claim is fully paid or closed or letter from insurer saying it is closed.
  • Case law—Prudential-LMI v Superior Court (delayed discovery rule)—one year from discovery of the loss.

None of the deadlines are contingent on any other activity, criminal or civil.

To avoid any unexpected complications, expense or dismissal, it is always safest and best to rely on the shortest deadline. One year from the exact day of the loss is the latest to timely file a lawsuit without incurring arguments from the insurance defense attorneys that the case be dismissed for an untimely filing.

In summary, the one year anniversary of the fires is approaching.  Alleged criminal activity by a third party will not extend any of these deadlines.

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CARe Update:

Fighting to get Everett VS State Farm Depublished

This April, the California 4th Appellate Court in San Bernardino ruled against a 2003 fire victim in a potentially landmark case, Everett v. State Farm.  This unfair court decision, if allowed to stand, could negatively impact all California homeowner policyholders with total losses to their homes.

In the few months since that case was published, insurance companies—not just State Farm—have been using the ruling against 2007 wildfire victims.

The Department of Insurance, attorneys and CARe have been working to modify or depublish (remove from the official record) the ruling so it cannot be used against current and future wildfire or total loss victims.

Insurance companies (through major law firm, Luce Forward) have filed responses to keep the case in the official record.  A few of their comments defending the case are:

·         Homeowners always set their own coverage limits and can get more coverage simply by asking.

·         “Alleged underinsurance affects only a fraction of the tiny percentage of policyholders who suffer total losses.”

·         The Department of Insurance (CDI) “proposed cure for the rare ailment of underinsurance would be worse than the disease.”

·         “The [CDI] claims that policyholders must accept insurers’ replacement cost estimates because insurance policies are contracts of adhesion.  This is a complete fallacy.”

CARe is providing the results of the following form to clarify to the State Supreme Court that homeowners do not set their limits and cannot easily do so.

http://www.carehelp.org/downloads/handouts/InsuranceCoverageSurvey.pdf

Please fill out the attached form and return it to CARe so we can show the court that homeowners do not set their limits.  Any policyholder from any company throughout the State may fill out the form; it is not just fire victims who have been sold underinsurance!  Have your relatives and friends fill out the form.

Thank you for your participation.  It will go a long way to help fire and total loss victims recover a fairer settlement.

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SDG&E Lawsuit Q&A:                                                                                    

Due to the popularity of our last “Rumor” sheet and the many calls with additional questions about the lawsuit for 2007 Witch, Rice and Guejito fire survivors, we have again updated our “Rumor” sheet to include a couple of new questions. For example:

RUMOR: A law firm has been selected as the leading law firm representing Witch or Rice fire victims.

FACT: NO, a “lead“ law firm has not been selected. Any law firm or attorney with insufficient resources or qualifications is not in serious consideration for lead attorney.

FACT: Misrepresentations and advertising “puffery” embedded in solicitations should be “red flags” and treated with caution.

You can read the updated list at http://www.carehelp.org/SDGELawsuitRumors.htm

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Disaster Recovery News:                   

Concow residents look toward recovery
July 16, 2008

CONCOW -- More than 300 people packed into Concow School Tuesday evening to hear about resources available for recovery from the fire that swept through the community July 8, torching about 50 homes.

[more HERE]

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Insurance Industry News:                  

American Association of Justice ranks Allstate No. 1 among nation's worst insurers
July 9, 2008

Allstate Insurance Co. ranked No. 1 among the worst insurers for consumer policies, according to a new report detailing thousands of legal documents and financial filings.

[more HERE]

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Disaster Prepared:

21st-century disaster prep tips you won’t get from officials

“…here are some 21st century disaster and preparedness tips from Stephenson Strategies that you won’t see on the official lists of things to do to prepare for a disaster or terrorist attack, but that you and your neighbors should implement NOW, so that you’ll be prepared to act intelligently and calmly if you find yourselves on your own.”

[more HERE]    

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Disaster News:                          

Humboldt Fire started by arson say fire officials
July 16, 2008

“CAL FIRE officials have determined arson caused the Humboldt Fire. The fire burned 23,500 acres and caused about $34 million in property damage. Fire suppression costs exceeded 10 million dollars. “

[more HERE]    

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Quote of the week:                   

Farrel: "The house being gone is just about like having, you know, someone you love, a relative, that was just there all the time, but they've died."

 Allison: "It's kind of like a death in the family. It's gone and you can't get it back."

 Farrel and Debbie Allison, Greenburg KS Resident, Episode 3; Greensburg:
http://planetgreen.discovery.com/tv/greensburg/greensburg-6-22-9.html      

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...

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http://www.carehelp.org/contribute/contribute.htm

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Community Assisting Recovery, Inc.

19360 Rinaldi Street, PMB 220, Northridge CA 91326
www.carehelp.org
888-216-8264