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Vine Notes

Tyler Gerking and Erica Villanueva are partners in Farella Braun + Martel’s San Francisco office, where their law practices focus on recovering insurance policy proceeds for policyholders. David Smith is an insurance and risk -management consultant in Farella’s San Francisco office. Farella Braun + Martel is a law firm with offices in San Francisco and St. Helena.

Vine Notes (nbbj.news/vinenotes) is a monthly column by Rabobank, Farella Braun + Martel and Heffernan Insurance Brokers.


More business coverage of the North Bay fires: nbbj.news/2017fires

If your winery, vineyard or other wine-related business has sustained a fire loss, here are steps for you to take in working with your insurers to ensure that you receive the maximum benefits under any applicable insurance policies.

Step 1: Locate insurance policies

It is very important that you understand the coverages provided by your insurance policies, so it is critical to have complete copies of your policies.

• If your policies are lost or destroyed, contact your agent, broker or insurer.

• If you can’t remember who the agent or insurer is, look at bank and payment records. Your mortgage company may also have records.

Step 2: Contact your insurer

You should contact your broker or agent and let them know the details of your specific situation. They are there to help you. If you don’t have a broker or agent, contact your insurer directly.

Ask your insurer for an advance to cover immediate expenses, such as the cost to board up or fence your business property to prevent vandalism, and for removal of debris. If you operate your business in a rental property, you should still seek an advance for costs necessary to protect your business personal property and inventory.

If your insurance coverage extends to loss of business income, you may also be entitled to costs you incur to avoid or minimize the suspension of your operations. Such costs could include the cost to relocate and equip a replacement location, to expedite repair or replacement of property or inventory, the cost to restore lost information in paper records or in electronic form, and cash to pay bills and payroll during suspension of operations. Request an advance from your insurance company for any such costs you incur in order to continue your business operations.

Step 3: Document your loss

Make notes and lists as you remember property that was lost.

• Don’t sign anything that indicates it’s the full amount of your claim. It will likely be weeks or months before you will be able to document your full loss. Your insurer may require you to sign a notarized “proof of loss” form when you receive advances on your loss. Be sure to review them carefully and seek advice if necessary before signing.

• Don’t worry about trying to value all items at this stage. Final valuations will be worked out later. It is likely that your property loss will be resolved sooner than your business income loss, which will vary depending on the length of the suspension. You may need to involve your accountant to help document the loss.

• You may be able to receive payment for damage to some inventory or stock (e.g., bottled wine) based on the retail selling price (as opposed to replacement cost). Be sure to obtain the maximum valuation for such items available under your insurance policy.

• Keep receipts for everything you buy and what you spend on repair or replacement of property or inventory and business-continuity expenses.

• Keep track of how much the insurance company gives you and what it’s for.

• As you submit to your insurance company costs you incur as a result of the fire, continue to ask for additional advances corresponding to such amounts.

• Document everything. Create a folder or binder with expenditures due to the fire, repair estimates, claim reports and all communications with and submissions to your insurance company.

Vine Notes

Tyler Gerking and Erica Villanueva are partners in Farella Braun + Martel’s San Francisco office, where their law practices focus on recovering insurance policy proceeds for policyholders. David Smith is an insurance and risk -management consultant in Farella’s San Francisco office. Farella Braun + Martel is a law firm with offices in San Francisco and St. Helena.

Vine Notes (nbbj.news/vinenotes) is a monthly column by Rabobank, Farella Braun + Martel and Heffernan Insurance Brokers.


More business coverage of the North Bay fires: nbbj.news/2017fires

• Don’t wait for permission from your insurance company to make repairs once you are ready to do so. Just be sure to keep your insurance company informed and given the opportunity to inspect the property, to avoid disputes down the road.

Important information about insurance

If you have a complicated claim or if you have concerns about how your claim is proceeding, seek professional help sooner rather than later. Insurance companies have both contractual and statutory/legal obligations to policyholders. You may need to seek guidance as to whether your insurance company is properly meeting those obligations and what your remedies might be.