Homeowner files lawsuit against Liberty Mutual over reason behind canceled insurance policy: 'They've insured these homes for years'
A California homeowner who lost their insurance coverage sued Liberty Mutual for "demonstratively false" business practices.
The legal action requests damages as well as a change in how the company operates, according to the San Francisco Chronicle.
Maria Badin, who lives in Poway outside of San Diego, had her homeowners insurance canceled in November after 31 years with the company, which said her roof had "algae/mildew/mold/moss." Liberty Mutual had taken "a long-distance aerial photo," but a roofing company countered that the roof was "in incredible shape," per the Chronicle.
Badin had to acquire a new policy through the state's FAIR Plan. It costs more and covers less.
"The proposed class-action suit would include at least the 17,000 policyholders who lost their fire insurance coverage when a Liberty subsidiary refused to renew them late last year," the newspaper reported.
The Chronicle said such aerial photographs can be taken from 10,000 feet and mix up neighbors' properties. Insurance companies use them to deny coverage in increasingly disaster-prone environments. (The 17,000 cancellations were not a result of aerial photography.)
The Los Angeles area wildfires came on the heels of 30,000 nonrenewals by State Farm. Homeowners whose coverage had not yet lapsed were granted a reprieve.
But this issue is plaguing communities across the country as increasingly frequent and severe extreme weather makes properties in Louisiana, Florida, and elsewhere more expensive to insure, partly because of the reinsurance costs that insurers pass on to customers.
"They've insured these homes for years with the same risks they had at the time," attorney Michelle Meyers told the Chronicle. "It seems pretty clear that [the nonrenewal decision] was done for money."
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Homeowners who are told they will lose coverage should start asking questions. Making fire-resistant upgrades or clearing vegetation around a home can help you keep your policy, though it doesn't always work.
In California, lawmakers have forced insurers to write more policies in fire-prone areas, but that may not keep them in areas they are vacating.
In the long term, reducing our reliance on the toxic heat-trapping gases that are warming the planet and driving extreme weather is the way to go. Governments and businesses must lead this green transition, but you can help by eating cleaner, using less plastic, and shopping secondhand.
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The geography professor recommended that the BGN 'nullify its decision.' Constellation's main argument, however, is that MacDonald did not receive the company's consent to name the waterway To Kalon Creek. In multiple documents reviewed by the Chronicle, Constellation claimed that MacDonald doctored the letter from Mondavi's Workman, noting that it was not dated or signed. It was printed on joint Robert Mondavi Winery and Constellation letterhead, 'which is something Constellation does not use,' the company said. To Kalon Creek came up in a separate 2017 trademark lawsuit between wine brand Vineyard House and Constellation, during which Workman testified that he did not write or send the letter. The Chronicle was unable to reach Workman for comment. MacDonald, who has been fighting this battle without legal counsel, maintains that the evidence he presented and the letter are legitimate. He said at the time he 'didn't really understand' that getting the letter signed and dated 'was going to become important.' The Chronicle reviewed email communications between MacDonald and a BGN research employee in 2016, in which MacDonald submitted the Workman letter for review. 'I don't see anything that would justify revising it,' the BGN employee wrote. MacDonald has since submitted three more letters to the federal board from former Constellation employees denouncing the company's claim of forgery. One letter came from Anne Siegel, a public relations employee of Robert Mondavi Winery from 2008-2017, who told the Chronicle that Constellation's opposition does 'not reflect the original spirit or intention of (Mondavi Winery) when we backed this initiative.' 'The suggestion that Graeme (MacDonald) would forge or alter emails we wrote is not only completely false, it's damaging to his reputation and absolutely unacceptable,' she continued, adding that she believes 'Mr. and Mrs. Mondavi would have been thrilled to have the legacy of To Kalon carried on with the naming of the creek.' The Chronicle also reviewed records from a 2016 email chain that included MacDonald, Siegel, Workman and another former Constellation employee discussing MacDonald's proposal. Workman wrote, 'Sounds like a great idea' and 'I don't see any downside to this at all.' But in its appeal, Constellation argued that ultimately, the legitimacy of the letter doesn't matter; Workman 'did not have legal authority' to send a letter and 'give away the company's valuable trademark rights. ' Soon after Constellation expressed its opposition, MacDonald said he went to Mondavi for a meeting to discuss the creek. When he and his brother arrived, MacDonald said they were surprised to see 'like eight lawyers in suits from Constellation that flew in from New York' sitting at the table. The lawyers came armed with a bargaining chip: Constellation offered the brothers the right to use the To Kalon trademark on their wine label in exchange for their support in changing the creek's name to something else, according to MacDonald. After a long pause, MacDonald said he told the company his 'integrity is not for sale.' 'People were super upset and the meeting dissolved,' he recalled. That same year, MacDonald said the family decided not to renew its grape contract with Constellation. 'That was the end of the line. There was too much pain and suffering,' he continued. 'The corporate culture really overwhelmed the 60-year grape growing relationship.' In response to Constellation's opposition, BGN restarted the naming process, resulting in the Napa County Board of Supervisors and the California Advisory Committee on Geographic Names each being asked to revisit the issue. Neither changed its position, but the decision ultimately lies with the federal board. Now, nine years after MacDonald's original application, BGN is scheduled to re-vote on the To Kalon name on Thursday. MacDonald hopes that his effort will be worth it. 'For us, it was more important to be on the right side of history,' he said. 'Someday, my kids are going to read this story and it's going to let them know (To Kalon) is important to us and to them. We have a deep genealogical connection to the land.'
