Bond Claims
Bond Claims
7/28/2023
We became aware of the fact that we might be able to recovery money by filing Bond Claims.
Alex Carriaga, Inspector, Wheeler Termite Co
Complaint Filing - email cover | detailed letter
Activity
7/29/2023 - emailed to claims@cnasuriety.com
7/29/2023 - received auto responder
8/16/2023 - initial denial from Bond Company ** view
8/17/2023 - response to the denial * - rev 1 | rev 2 | rev 3
* - start with rev 2. it has more meat to it. Then read rev 1 and note the difference in the upgrade.
Robert Vierra
CA Home Inspectors have no bond at this time. Only 20 states regulate their home inspectors at this time and presumably, only some, if any of those require bonds. Something needs to change with this. it could be small, like RE agents can no longer utter any referrals for Home Inspectors at all, at the cost of their license. That may be better than regulation.
** - Initial Denial From Bond Company
The bond company's initial denial was written in a suggestive manner that required the reader to "assume" the reason for denial. It's subtle but it's there. if you look for it. Worse yet, the bond company suggested that "only" fraud was used to determine payout under the 4 year statute, when in fact that California State Law Pest Control Act that they are to enforce indicates "Gross Negligence, Misrepresentation, and Fraud" are all possible categories for payout with a four year statute. The behavior exhibited by Carriage is "Gross Negligence" at a minimum, not "negligence" and thus it should qualify for a payout.
The Bond company so far has:
Violated proper adjudication by stating only Fraud would pay out
Violated proper adjudication by not identifying their reason for denial.
Violated proper adjudication by not declaring Carriaga's behavior as grossly negligent. Omitting the proper inspection of 1500 out of 2100sf of critical non livable space. and then to "forget to note it" at all or properly is reckless.
On 8/18/2023, the California Commissioner of Insurance was engaged via social media oas well as Representative Jimmy Panetta, AG Rob Bonta, Governor Gavin Newsome and Monterey County Supervisor Luis Alejo.
Bond Companies are included in the legal system in California at a high cost to Contractors and Inspectors.
They are expected to do their jobs properly to Protect the Citizens of California while reducing the loads on the California Legal System.
In the absence of a decision reversal, we've demanded the Bond Company provide clear answers to reason for omitting reference to Gross Negligence
NOTE: The bond company replies were coming in via .DOCx files. The date stamps on those files were initially very odd. No major corporation I'm aware of will send out .DOCX files due to the potential for viruses. PDFs are the standard to avoid viral matters. Just keep this fact in mind for now. We may elaborate more later.