What are the legal obligations when you file a complaint to a landscape developer’s insurance company for damage to your property?

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What are the legal obligations when you file a complaint to a landscape developer’s insurance company for damage to your property?

We hired a landscaper, he caused 20K worth of damage and did not do things according to industry standard or code, we have photos of flooding, cracked concrete, building steps that are not to code that are trip and fall hazards, things not done per a signed contract etc. We filed a claim with his insurance, they are refusing any coverage or any due diligence because we have already taken him to small claims court and awarded only $1K. What is an insurance company’s legal obligations?

Asked on August 14, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The obligations of the insurance carrier with respect to any policy of insurance with respect to the claim and resulting judgment that you received against the landscaper is set forth within the policy of insurance issued and any exclusions. Your concern is really not what the policy states but rather collecting on the $1,000 award against the landscape developer at this time. If there is coverage for the claim and judgment the carrier should pay off the judgment.

If the landscaper will not voluntarily pay you the amount owed, then you will need to levy on the bank accounts of the judgment debtor.


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