I am a general building contractor. After submitting a proposal for work to their insurance company, a check was issued to both the home owner and my company name. The check was deposited by the home owner to his account, without my endorsement. Is that legal? The word "and" is located between both names.
The insurance company inserted "and" between the names because it wants to be certain the the property is restored to its rightful shape after damages. That means making sure the contractor is paid. There seem to be a lot of cases in which one party negotiates a two-payee check, with or without a forged endorsement.
If the homeowner pays you as called for in your contract, you won't have a gripe, and the fact that the check was not properly negotiated will be a non-issue. However, if you have not be paid for your work, you should contact the insurance company to protect your rights. Of course, you may have other remedies, such as a contractor's lien on the home.
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The insurance company inserted "and" between the names because it wants to be certain the the property is restored to its rightful shape after damages. That means making sure the contractor is paid. There seem to be a lot of cases in which one party negotiates a two-