Professional Documents
Culture Documents
From:
Sent:
To:
Labayog, Edward
Re: Claim 541112/ 3444 Calandria Ave, Oakland, CA
Subject:
Mr Labayog,
As I am new to this sort of large scope project involving multiple parties, I really have no way of estimating a
nish date. I can however continue to give you updates. Currently we are waiting for a quote from All Access
Construction. When that is submitted to us we will submit it to Mr. Alvarez for approval. We are also currently
trying to get 1-2 more quotes as a cost comparison. As always your patience in this matter is appreciated as we
look forward to taking care of the issue.
John Roberts
Edward J. Labayog
Sr.
elabavog@oaklandnet.com
From:
CA
Mr Labayog,
lam currently working to get bids on the project. Once bids are submitted they must be
approved by Mr. Alvarez at Fidelity before work can be scheduled. Please note that coverage
determination by Fidelity took longer than the estimated 30 days.
John Roberts
From: ELabavog@oaklandnet.com
dropthesci@hotmail.com
RFielding@oaklandnet.com; Emmanuel.Alvare2@fnf.com
Subject: RE: Claim 541112/ 3444 Calandria Ave, Oakland, CA
Date: Tue, 7 Jun 2016 17:38:31 +0000
To:
CC:
have not heard back regarding the decision of your claim from your insurance company. The email in March from Mr. Alvarez (see below) stated that there will be a determination within 30
days. Please let me know what the current status is so we can move this case forward.
l
Edward J. Labayog
Sr.
Building Bureau
(510) 238-4793
elabavog@oaklandnet.com
CA
Thank you for your prompt response. Your email is sufficient evidence that the owner has
made a claim. We will suspend any code enforcement action until a decision is made. will
I
Sr. Specialty
Combination Inspector
Planning and Building Department
Building Bureau
(510) 238-4793
elabavog@oak|andnet.com
PM
CA
Thank you for giving me a call back. As we discussed over the phone, am currently reviewing a
title claim that was submitted by John Roberts in regards to the attached notice of violation and
correction of the retaining wall. am currently reviewing the claim for coverage and will be
diligent to attempt to have a coverage determination within 30 days. From my understanding
the city is not proceeding forward with any action at this time, and will await my determination
I
Emmanuel Alvarez
Claims Counsel
Fidelity National Title Group
2533 North 117th Ave | Omaha, NE 68164
Ph:
Emmanuel.Alvarez@fnf.com
<image001.jpg>
will
Ebayog, Edward
From:
Sent:
To:
Labayog, Edward
RE: Claim 541112/ 3444 Calandria Ave, Oakland, CA
Subject:
Mr Labayog,
am currently working to get bids on the project. Once bids are submitted they must be approved by Mr.
Alvarez at Fidelity before work can be scheduled. Please note that coverage determination by Fidelity took
I
John Roberts
From: ELabavog@oaklandnet.com
To: dropthesci@hotmail.com
RFielding@oaklandnet.com; Emmanuel.Alvarez@fnf.com
Subject: RE: Claim 541112/ 3444 Calandria Ave, Oakland, CA
Date: Tue, 7 Jun 2016 17:38:31 +0000
CC:
have not heard back regarding the decision of your claim from your insurance company. The email in March
from Mr. Alvarez (see below) stated that there will be a determination within 30 days. Please let me know
what the current status is so we can move this case forward.
I
Edward J. Labayog
Sr.
Building Bureau
(510) 2384793
elabavog@oaklandnet.com
PM
CA
Thank you for your prompt response. Your e-mail is sufficient evidence that the owner has made a claim. We
will suspend any code enforcement action until a decision is made. will monitor the case after 30 days.
I
Edward J. Labayog
SrTSpecialty Combination Inspector
Planning and Building Department
Building Bureau
(510) 238-4793
elabavog@oaklandnet.com
PM
CA
this time, and will await my determination to see ifthe Company will be able to assist in resolution of this
matter. will keep both you and Mr. Roberts updated along the way. Thank you.
I
Best regards,
Emmanuel Alvarez
Claims Counsel
Fidelity National Title Group
2533 North 117th Ave Omaha, NE 68164
l
Ph:
|
402.498.7048 Fax: 402.496.8802
Emmanuel.Alvarez@fnf.com
'
FIDEV
AT
NOTICE: The
IT?
Labayog, Edward
From:
Sent:
To:
Cc:
Subject:
Hello Mr. Labayog,
Mr. Roberts should be proceeding to rectify the issue. Please contact him directly to see where he is in this process.
Please keep me informed.
Thank you,
Emmanuel Alvarez
Claims Counsel
Fidelity National Title Group
2533 North 117th Ave Omaha, NE 68164
Ph: 402.498.7048 Fax: 402.496.8802
Emmanuel.Alvarez@fnf.com
l
NOTICE: The
(a 0
Edward J. Labayog
Sr.
elabavog@oaklandnet.com
Labayog, Edward
_
Alvarez, Emmanuel <Emmanuel.Alvarez@fnf.com>
Thursday, April 21, 2016 12:38 PM
Labayog, Edward
RE: Claim 541112/ 3444 Calandria Ave, Oakland, CA
From:
Sent:
To:
Subject:
Mr. Labayog,
The Company is still reviewing this claim and has not made a determination yet. The determination should be made
Thank you,
Emmanuel Alvarez
Claims Counsel
Fidelity National Title Group
2533 North 117th Ave Omaha, NE 68164
Ph: 402.498.7048 Fax: 402.496.8802
Emmanuel.AIvarez@fnf.com
i
HDELITY
I.
AT
{at O 0,
NOTICE.
The
Edward J. Labayog
Sr.
Labazog, Edward
From:
Sent:
To:
Labayog, Edward
RE: 3444 Calandria Ave.
Subject:
Mr. Labayog,
Following is the email conrmation of receipt of the new claim I led with my title insurance . I am still
awaiting response from my homeowners insurance regarding the policy mistake made by them. I will update
you as needed.
While I continue to comply with the directives of yourself and the city of Oakland's Planning and Building
department, it becomes increasingly difcult to justify the time, nances, and emotional energy this issue is
requiring. Please understand that myself, my wife and my two children have gone through the worst year of our
lives. I am speaking specically of the terrifying and nearly daily harassment we endured at the hands of Mr.
Michael Hector of 3539 Calandria Ave, the man who "complained" to you about our property. Incidentally a
complaint he made immediately after he was told to leave my property by the Oakland Police, solely in
retribution and as an effort to further harass us. We had to continually involve the police with Mr.
Hector's harassment, and literally spent thousands of dollars in attorney's fees over seven months in court
ghting against him. All of this was in an effort to ultimately obtain a Restraining Order against Mr.
Hector. Please also understand that when the issue of the wall comes up, it is as if Mr. Hector continues to
harass us. While we have been urged by several attorneys to le a Civil Harassment suit against Mr. Hector for
the harassment we endured, we have been reluctant to do so mainly in an effort to put this bad time in our lives
behind us. The wall in question was built long before we bought the property. In addition I believe that
judging by the condition of other walls in the neighborhood and Oakland in general, it is an issue that is not a
main concern. To ask us to rectify an issue we did not create nor one that other's are not being required to
rectify is unfair. To ask us to answer a complaint that was meant solely to harass is painful. I am asking
it is. That is a
you as someone who has the authority to assist us with this issue, to please see this for what
baseless complaint meant to harass myself and my family. I am respectfully asking that you please dismiss the
issue with the wall, so my family and I can return to the peaceful existence we had before this whole ordeal
began.
Sincerely,
John Roberts
3444 Calandria Ave.
Oakland, CA
Thank you for your claim submission to Fidelity National Title Group. FNTGs claim centers handle claims
arising out of policies and other products issued by FNTGS underwriters, including Chicago Title Insurance
Company, Ticor Title Insurance Company, Commonwealth Land Title Insurance Company, Lawyers Title
Insurance Company, Alamo Title Insurance, National Title Insurance Company of New York and Fidelity
National Title Insurance Company.
We are responding to acknowledge initial receipt of your claim. You will receive future correspondence
detailing the specics of your claim, including claim number and contact information. Should you require an
immediate response as it relates to a tender of defense or a judicial ling, please contact us at (888) 453-4095.
Omaha, NE 68164
From: ELabayog@oaklandnet.com
To: dropthesci@hotmail.com
RFielding@oaklandnet.com
Subject: RE: 3444 Calandria Ave.
Date: Sat, 5 Mar 2016 00:08:28 +0000
CC:
Please provide something in writing from your insurance company indicating that your claim for the retaining walls is
still being processed, preferably also indicating the estimated time line for them to give you a decision. We will need this
to update your case and to consider and approve your extension request.
Edward J. Labayog
Sr.
Labayog, Edward
From:
Sent:
To:
Subject:
Mr. Labayog,
I
I
am sorry for returning this email so late, have been out of town. initially led a claim with my
homeowner's insurance regarding the retaining wall. I went through the claims process with the claims
representative as well as the Odell Robertson Engineering rm hired by my insurance company. My claim was
initially denied, however it was denied based on provisions of a condominium policy, not the homeowner's
policy which I hold. This was a mistake on my insurance companies part, one that has lead to the delay. I have
had to revisit the claim with my insurance company, and I am currently awaiting a resolution. Obviously I am
unable to proceed with any work etc. until the mistake by my insurance is cleared up. Again thank you for your
patience in this matter. I hope to have it resolved as soon as possible.
John Roberts
From: ELabavog@oaklandnet.com
To: dropthesci@hotmail.com
CC: RFielding@oaklandnet.com; SSmith@oaklandnet.com
Subject: RE: 3444 Calandria Ave.
Date: Fri, 26 Feb 2016 21:16:07 +0000
Your case has been open since August 17, 2015, please provide information from our previous request (see below) by
March 10. If we do not receive valid extension request on or before March 10 we may continue our enforcement action
including fee charges and/or requiring a Compliance Plan (with associated fees).
Edward J. Labayog
Sr.
elabavog@oaklandnet.com
I? bazog, Edward
John Roberts <dropthesci@hotmail.com>
From:
Sent:
To:
Subject:
Mr. Labayog,
I
is
am still in communication with my insurance carrier regarding the claim. can not proceed until the matter
settled. I hope to have updates within the month. Thank you for your patience.
John Roberts
On Feb 10, 2016, at 11:53 AM, Labayog, Edward <ELabavo2@oaklandnet.com> wrote:
To Mr. Roberts,
Please provide us with the current status of your claim to your insurance company, hopefully you have a
time table for compliance. We can only accommodate extensions if we know you are involved in a
process that needs approval before you can to continue to abate the violations. Any information you
provide will be reviewed by our supervisor to approve any further extensions.
Edward J. Labayog
Sr.
elabavog@oaklandnet.com
Attached is a copy of confirm receipt for my property claim with my insurance company. will
let you know an estimated time frame once the insurance adjuster completes the claim
process.
I
John Roberts
.From: ELabavog@oaklandnet.com
To: dropthesci@hotmail.com
CC: RFielding@oaklandnet.com
Subject: RE: 3444 Calandria Ave.
Date: Tue, 10 Nov 2015 22:12:53 +0000
Thank you for your email. Please provide us with a copy of your claim submittal or any document
showing that you made a claim so we can justify your request for an extension and let us know your
estimated time frame or schedule for you to go thru their process so we can justify your request for an
extension to abate the violations. will review this with My supervisor Rich Fielding and let you know.
I
Edward J. Labayog
Sr.
elabayog@oaklandnet.com
wanted to keep you updated on the status of the retaining wall. spoke with yet another engineer
regarding the wall. Again, they were unwilling to take on the project. have had no other choice
than to make a claim with my insurance company. My direction regarding the wall will be inline
with what they approve. have been assigned a claim representative, and they will be out soon to
asses the situation. respectfully ask for more time so that my insurance can assist me with getting
this fixed. appreciate your understanding on this matter, and look forward to it's resolution.
I
John Roberts
Labayog, Edward
From:
Sent:
To:
Subject:
Attachments:
Mr. Labayog,
Attached is a copy of confirm receipt for my property claim with my insurance company.
estimated time frame once the insurance adjuster completes the claim process.
will
John Roberts
From: ELabavog@oaklandnet.com
To: dropthesci@hotmail.com
RFielding@oaklandnet.com
Subject: RE: 3444 Calandria Ave.
Date: Tue, 10 Nov 2015 22:12:53 +0000
CC:
Thank you for your e-mail. Please provide us with a copy of your claim submittal or any document showing that you
made a claim so we can justify your request for an extension and let us know your estimated time frame or schedule for
will review this with
you to go thru their process so we can justify your request for an extension to abate the violations.
My supervisor Rich Fielding and let you know.
I
Edward J. Labayog
Sr.
l
wanted to keep you updated on the status of the retaining wall. spoke with yet another engineer regarding the
wall. Again, they were unwilling to take on the project. have had no other choice than to make a claim with my
assigned a
insurance company. My direction regarding the wall will be inline with what they approve. have been
claim representative, and they will be out soon to asses the situation. respectfully ask for more time so that my
I
Etfiiiaiiieigslgih):4@3fSar7nier:insurance.com
FA R M E R S
INSURANCE
PO.Box268994
Oklahoma City, OK 731268994
F ax : (877 ) 217-1389
November 6, 2015
JOHN ROBERTS
3444 CALANDRIA AVE
OAKLAND CA 946054404
Delivered by email to:
DROPTHESCI@HOTMAIL.COM
RE:
Insured:
Claim Unit Number:
Policy Number:
Loss Date:
John Roberts
3004781043-1-1
0945403363
11/05/2015
Subject:
pursuant to California Insurance Code 207 1, that you have a right to request a copy of your claim-related
documents.
I encourage you to visit wwwhpcscom to learn more about our selfservice options available to you; including
the ability to View your claim status, upload documents and photos and nd local service providers.
We appreciate your business.
Sincerely,
MidCentury Insurance Company
W30
Va
was
Rodrigo Ramos
Field Claims Representative
rodrigo.ramos@farmersinsurance.com
(510) 2747529
9HZZGND4
9HZZBND4
California law requires that we provide you with a reproduction of subsections (h) and (i) of California
Insurance Code Section 790.03. These subscriptions are set forth below.
In addition to Section 790.03 of the Insurance Code, Fair Claims Settlement Practices Regulations govern how
insurance claims must be processed in this state. These regulations are available at the Department of Insurance
Internet Web site, www.insurance.ca.gov. You may also obtain a copy of this law and these regulations free of
charge from this insurer.
This insurer reports claim information to one or more claims information databases. The claim information
is used
to furnish loss history reports to insurers. If you are interested in obtaining a report from a claims
information database, you may do so by contacting:
9 APLUSTM - a division of ISO Services, Inc. 1800-709-8842
a ChoicePoint Consumer Services Center 1-800456-6004
WWW.consumerdisclosure.com
We are also required by law to advise you, pursuant to California Insurance Code 2071, that you have a
right to request a copy of your claimrelated documents. (Claimrelated documents are all documents that
relate to the evaluation of damages. This includes, but is not limited to: repair and replacement estimates and
bids, appraisals, scope of loss, reports, third party findings on the amount of loss, covered damages, and all
other valuation, measurement, and loss adjustment calculations of the amount of loss, covered damage, and
cost of repairs, if applicable to your claim.) Claim-related documents do not include attorney work product
and attorneyclient privileged documents, and documents that indicate fraud by the insured or that contain
medically privileged information. This law is not intended to affect existing discovery rights.
Misrepresenting to claimants pertinent facts or insurance policy provisions relating to any coverages at
issue.
(2)
Failing to acknowledge and act reasonably promptly upon communications with respect to claims
arising under insurance policies.
(3)
Failing to adopt and implement reasonable standards for the prompt investigation and processing of
claims arising under insurance policies.
(4)
Failing to afrm or deny coverage of claims within a reasonable time after proof of loss requirements
have been completed and submitted by the insured.
(5)
Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which
liability has become reasonably clear.
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(6)
Compelling insureds to institute litigation to recover amounts due under an insurance policy by
offering substantially less than the amounts ultimately recovered in actions brought by the insureds,
when the insureds have made claims for amounts reasonably similar to the amounts ultimately
recovered.
Attempting to settle a claim by an insured for less than the amount to which a reasonable person
would have believed he or she was entitled by reference to written or printed advertising material
accompanying or made part of an application.
(8)
Attempting to settle claims on the basis of an application which was altered without notice to, or
knowledge or consent of, the insured, his or her representative, agent, or broker.
Failing, after payment of a claim, to inform insureds or beneficiaries, upon request by them, of the
(9)
coverage under which payment has been made.
(10) Making known to insureds or claimants a practice of the insurer of appealing from arbitration
awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or
compromises less than the amount awarded in arbitration.
(11) Delaying the investigation or payment of claims by requiring an insured, claimant, or the physician or
either, to submit a preliminary claim report, and then requiring the subsequent submission of formal
proof of loss forms, both of which submissions contain substantially the same information.
(12) Failing to settle claims promptly, where liability has become apparent, under one portion of the
insurance policy coverage in order to inuence settlements under other portions of the insurance
(7)
(13)
policy coverage.
Failing to provide promptly a reasonable explanation of the basis relied on in the insurance policy,
in relation to the facts or applicable law, for the denial of a claim or for the offer of a compromise
settlement.
(i) Canceling or
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