What are my rights with my insurance company?
Turns out, you’ve got a ton.
*This information has been checked for accuracy and non-bias by licensed insurance experts and representatives from National 501c3’s specialized in insurance advocacy. We are not insurance brokers. Consult with a licensed professional about your insurance policy and specific situation.
1.
Right to a Complete Copy of Your Policy
You have the right to request and receive a full, current printed copy of your insurance policy — including Declarations, Endorsements, Amendments, and any attachments — for free.
Insurers must provide this within 30 days of your written request.
Relevant Law:
California Insurance Code § 2071
California Insurance Code § 10103.4
2.
Right to Fair, Prompt, and Honest Claims Handling
Insurers must treat you fairly, honestly, and handle your claim without unreasonable delay.
Deadlines they must meet:
15 calendar days to acknowledge receipt of your claim or any communication.
40 calendar days to accept or deny your claim after receiving all requested information.
Prompt payment once your claim is accepted.
Relevant Law:
California Fair Claims Settlement Practices Regulations (CCR Title 10, Chapter 5, Subchapter 7.5)
3.
Right to Full Benefits After a Declared Disaster
If a State of Emergency is declared (such as after a wildfire):
Up to 36 Months of Additional Living Expenses (ALE):
You are entitled to up to three years of ALE if needed to rebuild, repair or replace your home.
30% Advance on Contents Coverage Without Full Inventory:
You are entitled to an immediate advance of 30% of your coverage A (to replace your contents) without having to submit a full detailed inventory first (after a total loss).
*They use your dwelling coverage to calculate the amount of your personal property coverage that they will send to you.
Insurance Code § 2060 (ALE timeline)
Insurance Code § 2061 (Contents advance)
4.
Right to Full Coverage for Code Upgrades
When rebuilding, you will have to build to the latest State Building Codes. Your “code upgrades” or “Law or Ordinance” coverage is what pays for that and your insurer must cover it.
This includes seismic upgrades, wildfire mitigation upgrades, and energy efficiency improvements.
*Note that if the area makes something optional (like solar, for example), your insurance no longer covers it under this bucket.
General good faith principles under California Insurance Code § 790.03(h).
5.
Right to Proper Investigation of Your Claim
Insurers cannot deny claims based on incomplete inspections or assumptions.
They must conduct a full, fair, and thorough investigation before accepting or denying your claim.
You are entitled to request copies of any reports, inspections, or valuations the insurer uses to make their decisions.
California Fair Claims Settlement Practices Regulations, CCR § 2695.7(d)
6.
Right to Demand Scientific Testing for Smoke or Contamination
Insurers cannot simply deny smoke, soot, or contamination claims without proper testing.
You can demand that a Certified Industrial Hygienist (CIH) conduct testing for air quality, ash, toxins, and particulates.
Fair Claims Practices Regulations (CCR § 2695.7(d))
7.
Right to Dispute the Value of Your Claim (Appraisal Clause)
If you disagree with your insurer about the amount of damage or loss, you can demand a formal Appraisal process.
Each party hires an appraiser, and the two appraisers select a neutral umpire to resolve differences.
Important: Appraisal is only about the value of the loss — it cannot increase your policy limits.
California Insurance Code § 2071
8.
Right to File a Complaint with the California Department of Insurance
If you are being mistreated, delayed, or lowballed, you can file a formal complaint with the CDI.
The Department can investigate and pressure insurers to comply with the law.
Where to file:
California Insurance Code § 12921.1 and California Code of Regulations, Title 10, § 2695.3
9.
Right to Seek Professional Representation
You have the right to hire a:
Public Adjuster: A licensed expert who negotiates your claim for you.
Insurance Attorney: A lawyer specializing in insurance bad faith and underpayment cases.
Click here for help understanding if a Public Adjuster is right for you.
Click here for a guide to Bad Faith Claims, and whether you should consider legal action.
10.
Right to Fair Access to All Coverages You Paid For
You have the right to access every coverage extension and endorsement in your policy, such as:
Extended Replacement Cost
Building Code Upgrade coverage
Valuable Items coverage (for jewelry, fine art, etc.)
Landscape restoration coverage
Insurers cannot refuse to apply valid coverages.
California Insurance Code § 790.03(h)
11.
Right to Interest on Delayed Payments
• If your insurer unreasonably delays paying approved amounts, you may be entitled to statutory interest on the overdue payments, calculated from when they should have paid you.
Civil Code § 3289(b) allows for 10% per annum interest on amounts due from breach of contract when no other legal rate is specified, which applies to delayed insurance payments.
12.
Right to buy or rebuild elsewhere
California is one of very few States where you are allowed to use your full insurance settlement (including Extended Replacement Cost and Ordinance & Law coverages), to buy or rebuild somewhere else.
If you buy a new house, the insurance company is also not allowed to deduct the value of the land underneath the house.
Because this is such a rare right, many out of State adjusters don’t know this and you may need to remind them. You can reference California Insurance Code Code § 2051.5(c)(2)
If you’d like to know more, you can read this helpful FAQ or this guide to things you should consider from our friends at United Policyholders.
The Bottom Line
YOU ARE NOT POWERLESS.
You have rights under California law that protect you from insurer delays, denials, underpayments, and bad faith practices.
Stay organized, politely insist on everything in writing, and escalate when necessary.
If needed, bring in professionals to advocate for your full recovery.