Court Rules Pacific Insurance Specialties

COURT RULES PACIFIC INSURANCE SPECIALTIES (PSIC) IMPROPERLY ABANDONED ITS INSURED LANDLORD WHEN SUED FOR RETALIATORY EVICTION BY A DISGRUNTLED TENANT The most important protection a landlord seeks with insurance is from lawsuits – premiums are paid out in hopes that should a tenant sue – for a slip and fall, broken hand rail, retaliatory eviction or habitability – Farmers, Allstate, State Farm or PSIC will step in and defend the case. In Duarte v. Pacific Specialty Insurance, (First District 6/12/17) the landlord was sued for habitability issues relating to a tenancy and the tenant tendered the suit to his insurance […]

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Insurance Practice

Insurance Practice

INSURANCE PRACTICE: Insurance is an enigma – we forgo money every month hoping we never make a claim because that means we have suffered extraordinary loss: lawsuit, illness, accident or worse. We buy insurance for safety, for peace of mind in the event of loss. Unscrupulous insurance companies profit by avoiding claims – which robs us of our peace of mind and may completely upset our financial standing. Our insurance practice has been active and successful since the 1993 Northridge Earthquake in which thousands of people had to fight to get claims paid protecting their largest asset – their home, […]

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CALIFORNIA AB 983 GOAL IS TO LIMIT VALUE AND DENY ACCESS FOR SELF-STORAGE TENANTS

CaliforniaAB-983 is a ‘Trojan Horse’ claiming to permit email notice but which actually sneaks in denial of access, a “no matter what” exculpatory provision, and a $5,000 cap for wrongful lien sales and wrongful auctions.  Cheap caps and “no matter what” clauses are the Holy Grail of Self Storage industry (see, Bullying & unfair collections post).  Fight this attempt to further imbalance the self storage relationship by writing your California Rep and Senator (Sponsor is Melendez R-67) AB-983 is posted at http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB983 & Rep Melendez office has not responded to our inquiries.

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CONVERSION, BULLYING, WRONGFUL AUCTIONS

The legal theory for wrongful auction (and even denial of access) is “Conversion.”  You can get a good background on it, including its English common law origin at: http://en.wikipedia.org/wiki/Conversion_(law)#Acts_constituting_conversion. As applied to self-storage conversion runs the gamut from ‘denial of access’ to ‘wrongful auction.’  Denial of access is based on the 1704 English case, Baldwin v. Cole: , “The very denial of goods to him that has a right to demand them is an actual conversion, and not only evidence of it.” See, Baldwin v Cole (1704) 6 Mod Rep 212, 87 ER 964.  So – I’ll give you an […]

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$2.6 Million War Chest & ‘Deadbeat Tenants’

The SSA is a registered non profit 49,000 facilities before the U.S. Congress and federal departments and agencies. SSA has spent more than $2.6 million in the last three years “modernizing” 18 state lien laws, as well as adding tenant insurance and “reasonable” late fees, and seeking to avoid taxes.  The SSA’s announced goal is to continue tilting the self storage playing field in favor of landlords in an industry – by SSA figures – is the fastest growing real estate segment for the past 35 years and in 2011 exceeded $22 billion in annual U.S. revenue (2011). The SSA […]

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