Contractors will be required to carry a minimum of public liability insurance when working on sites. This provides indemnity against damage to property or persons caused by the contractor, his staff or his equipment.
Most states require some form of contractors liability insurance for contractors to operate a business. It is also in the contractors best interest to have liability insurance to protect against any type of problems which may arise during construction. Liability insurance is also a marketing tool which many customers like to see when choosing a contractor.
Workers safety is of utmost importance since the contractor's job sites are often dangerous places and even though precautions and care is taken, there are still accidents that take place and cause losses to the business. For protection against these losses and to prevent excessive costs, a contractor holds Contractors Liability Insurance. In many jurisdictions it is also a legal requirement to hold liability insurance for employees, regardless of the nature of the work they undertake.
Find a dependable building contractor by polling your friends and acquaintances to see which contractors they have done business with and would recommend based on the success of their projects. Another area to check is the yellow pages under the appropriate category for the work that you need to have done. Some yellow page directories, such as Verizon, mark companies that are known to be of good quality. Finally, check with the Better Business Bureau to make sure that there are no claims against the contractor or contractors that you are considering. When you contact the contractors, make sure the contractor provides information about the company’s insurance coverage and completes a timely and thorough estimate of the project. Those contractors that do not complete these initial steps are not those that you should hire.
All licensed contractors are required to be bonded against damage to your properrty and injuries. You should reasearch your contractor before allowing any work to begin to make sure it is current.
Find a dependable building contractor in the Phoenix area by talking with your friends to see which contractors they have done business with and would recommend based on the success of their projects. Another area to check is the yellow pages under the appropriate category for the work that you need to have done. Some yellow page directories, such as Verizon, mark companies that are known to be of good quality. Finally, check with the Better Business Bureau to make sure that there are no claims against the contractor or contractors that you are considering. When you contact the contractors, make sure the contractor provides information about the company’s insurance coverage and completes a timely and thorough estimate of the project. Those contractors that do not complete these initial steps are not those that you should hire.
Your contract with the tradesman is between "You and the Contractor", He did not contract with your insurance company. All the insurance company did is agree to pay the bill for you. So you would need to bring your own civil or criminal action against your contractor depending on the circumstances.
I would first call your insurance company and make them aware of your suspicion. Ask them to make another inspection to protect yours and the companies interest. You might then call a consumer hot line in your state if there is a fraud section for contractors. I would file a complaint against the contractor with the state and tell them what you said here.
No!! It is highly illegal for you to do this. When you make a claim on you home insurance for something that was the fault of your contractor you sign over all subjugation rights against this contractor to your insurance company. This means that if your home insurance pays any part of this claim you give them all your rights to go after the contractor, which they will do. They will go to the contractor and their insurance company to get reimbursed for any amount they paid plus costs. In most states it is considered insurance fraud for you to even try to collect damages from two places for the same claim.
No, there are plenty of laws and regulations that address overhead and profit. Contractors charge it and insurance companies pay it. That's the nature of the beast. The insurance company that doesn't pay it is not only an exception to the rule but runs the risk of breach of contract and bad faith lawsuits as well as sanctions by insurance departments. There has been much litigation against insurance companies that mess around with overhead and profit, including several class action lawsuits against major insurance companies.
All legitimate businesses have insurance to protect against injury and/or damage to property. Before engaging the service of any contractor, it is wise to make sure that the contractor is sufficiently insured.
In New York as elsewhere, liability would rest with the party, contractor or property owner, found to be negligent and/or culpable in the injury. For this reason both property owner and contractor will typically each carry insurance or insure themselves against injury claims by on private property. Additionally, it is a standard and wise practice during the bid and contracting process for the purchasing property owner to ascertain and require the following:Contractor's state contractor license - because claims against contractors will vary as between licensed and unlicensed contractors in most states.Currency and sufficiency of property owner's own liability insurance coverage.A "waiver of liability" agreement (form) provided and agreed to by contractor, prior to start of work, by which contractor agrees to assume liability for any claim by his employees or those of subcontractors on the work site; said form called by various names . . . to be found by contacting cognizant state office/bureau.