Q: We have had our homeowners insurance for years with the same company. We are concerned the company is going to cancel us because of risks here. Any law on this?

H.D., Hawthorne

A: The California Insurance Code seeks to afford protection to homeowners, but it also provides insurance companies with a framework within which to operate. So if a company is going to cancel a policy, it must provide at least 20 days of written notice (unless it is for nonpayment, which then mandates a 10-day notice). Note that cancellation may arise for one or more reasons, such as a material misrepresentation made by the insured (such as providing incorrect details about the property), non-payment of the premium or for actual breach of the policy itself.

Cancellation often is confused, however, with non-renewal. I think what you are concerned about is more aptly described as a non-renewal. At present, the California Department of Insurance has issued a moratorium on insurance companies cancelling or not renewing residential policies given the state of emergency declared with regard to the Los Angeles area fires. You should check to determine if you are within the covered geographical area (the moratorium began a little while ago, and is one year from then for many homeowners, with a two-year time frame for those who lost their homes).

Research indicates insurance companies are required to give 75 days to notify you of a non-renewal; this means 75 days before the policy expires. In addition, the notice must set forth why the policy is not being renewed. You hopefully then have adequate time to seek another policy. You also can reach out to the California Department of Insurance for guidance by calling 1-800-927-HELP.

Q: If our trust is the title holder of our homeowners policy, are we (my wife and I) insured if a claim is made? A young kid got hurt on our back patio and claims it was the condition of the floor that caused him to fall.

J. V., Irvine

A: My first suggestion is to carefully review your policy to see who is defined as “the insured.” In addition, contact your insurance agent, but if you have none, then speak with the insurance company directly. Find out just who is covered, and if someone is not, seek to add him or her as “an additional named insured”; and, if it is an entity, such as a trust, do likewise. Often, the owner of the policy is a named insured, along with anyone actually living there and related by blood, marriage or adoption, but checking on your policy and just who is (and can be) covered is advisable.

Your question reminds me of some stories I have recently heard, in which a property was damaged or destroyed by the fires, and insured by a homeowners policy in the name of the husband and wife. As it turns out, however, title to the property is in the name of their trust, not the husband and wife. Some insurance companies were indicating coverage may not be afforded because the named insureds (husband and wife) were not the actual owners (the trust is). This remains to play out, but as noted above, taking steps to make sure coverage runs to the named insured(s), and just who is/are the named insured(s), is very important.

Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.