| Author |
Message |
James Guerrero
| | Posted on Wednesday, September 26, 2001 - 4:50 pm: | |
I went back and reread your scenario. I had assumed there was an opening. Well, if there is in fact no opening made by wind, falling debris, or some sort of related blast, then we have no opening. That's all that can be said about the opening. Either one must be discovered or there is none. Does asbestos "leak" in like water? I last worked with asbestos about 37 years ago when I was a carpenter's helper. I just remember it being there. How did the dust itself get in to Luigi's business without opening some door or window? Knowing Snake Farm, I believe that the opening must precede the finding of asbestos, too. So, either find an opening or there is no opening.
By the way, with regard to the "token of his appreciation", I simply say that I can not accept that, period. |
Strick
| | Posted on Tuesday, September 25, 2001 - 12:37 am: | |
Jim,
I figured it out, after we spoke the other day, if you do not know what to do, or someone hasn't drained the swamp for you, you can # 1 make contact with insured, run by and do a courtesy call do a 4 to 5 hour inspection and "visit" about what,who,where,etc insured was doing at time of plane crash,etc then ask for a lot of information from policy holder, and I mean everything he ever did (knowing it will take a month or more to get it) then, make a several more calls, ie, talk to anyone you can think of that would look good in your report, accountants,industrial hygentist??, supervisors,old friends, make a lot of activity file notes, Oh, yeah, dont forget the 40 to 60 photos, rough scope on building, then do a "frank" "weather" report, diary for 30 days. Now that you have about 20 to 40 hours in the file for total billing of 1000.00 to 2000.00,(hopefully) (your part if fee billed, roughly 800 or 1200), send letter to insured (copy to is attorney, cause we all know he has one by now) with some policy language setting him up for the coming denial , advise that you are researching to "find" any type of coverages in order to "help" and assist in this reported claim,(of which there is none)Hope like hell you have bought yourself 30 to 40 days,(if on per diem--even better) then,now this is critical,hopefully they will just let you send the denail letter and you may be able to make another 15 to 30 days, but if not, NOW is the time to have an emergency at home or tell your supervisor the "stress" on the assignment has gotten to you (knowing you could not handle claims from get-go), and go home with 12000.00 to 25000.00 depending on rates,etc, and forget about this "CAT".
Now after that, you get home and "tell" all your friends how bad the Carrier was, the vendor was, your supervisor and those "damn yankees" were and how bad it was on you due to all the death and destruction,etc, and then you can submit posts talking about "your time and tour in the bad New York and the claims were B--L,S--T,etc" and the vendor ought to have known before they sent you. maybe, just maybe, you have dodged the bullet and will be called out on the next "CAT" (one of which you can handle"
Honestly, Does this sound familiar to anyone. O.K. lets all be honest, "SOME" supposedly "adjusters" "work" this way, even on a hail or wind storm and really go to town on a Hurricane.
Now, the ole "know before you go" has one more adage to it, and that is " REALLY 'know' what your capabilities are before you go".
I will take the heat from one and all, but remember this is just an answer to a "good" question, one of which will be asked time and again in New York! Also, I would hope one and all knows I am being very assine and trying to put a little humor on this Topic!
Everyone be careful and have a good day! This is just some thoughts for "us" all to ponder! |
Jim Flynt (Jimflynt)
| | Posted on Monday, September 24, 2001 - 8:21 pm: | |
James, what if there is no "opening" in the building? Would that affect coverage? How would you explain to the carrier that asbestos got there without an opening? Remember, this is a Broad form policy, so what would the cause of loss be? |
James Guerrero
| | Posted on Monday, September 24, 2001 - 7:13 pm: | |
I would test to see if there really is asbestos and specify to the service provider that you want the result in parts per whatever is a good statistic, so he does not come by to Snake Farm. Then, let him keep dreaming that he's going to retire in Florida until it is the right time to deny his claim. Of course, denial would be based on all the necessary documentation. Sounds easy, but probably isn't. |
mark (Olderthendirt)
| | Posted on Sunday, September 23, 2001 - 10:31 pm: | |
Sounds like working in Quebec, noone speaks english and the rules change daily |
Strick
| | Posted on Sunday, September 23, 2001 - 5:20 pm: | |
Jim,
Way to go , exactly what I said, this is a "CAREER BREAKER" NOT A "CAREER MAKER". I see nothing there but headaches, heartaches, and a--eating aches, because changes will occur there every hour and to each change your claim will be redone.
A brief answer to your claims question! I have the perfect answer and it is!!!!!!!!!!!
Retire and go to Florida with Luigi and forget about Business Claims.What do you think?
Strick |
Jim Flynt (Jimflynt)
| | Posted on Sunday, September 23, 2001 - 2:57 pm: | |
MEMO TO CADO READERS:
If you are considering handling or understanding US policy forms and endorsements, you will need to obtain or gain access to current forms, policies and endorsements. You will also need to obtain a workbook which explains in detail these advanced coverages and practical applications and practices.
I am enclosing a hyperlink to the CPCU website where you can purchase the books online which I recommend below. You can also order by calling Toll Free at 1-800-644-2101.
The US ISO forms and policies are not available for viewing online since they are copyrighted material.
The CPCU Handbook of Insurance Policies, 4th edition (AICPCU Product Code 9) Price $18.00 US
Commercial Property and Risk Management, Volume 1, 5th Edition (AICPCU Product Code 302)
Price $44.00 US
Commercial Property and Risk Management, Volume 2, 5th Edition (AICPCU Product Code 303)
Price $44.00 US
For those really serious about understanding commercial claims adjusting or possibly working this catastrophe event, you need to RUN not walk to your phone or computer to order these books.
http://aicpcu.org |
Clayton Carr
| | Posted on Sunday, September 23, 2001 - 1:11 pm: | |
Wow Jim, it's just a great claims situation, wish I had a copy of the noted wording so I could tackle this one. |
Jim Flynt (Jimflynt)
| | Posted on Sunday, September 23, 2001 - 12:41 pm: | |
Property Case Study # 1
Luigi Catalano has a CPP Broad Form policy (CP 10 20 06 95) and you are assigned his claim for handling.
Luigi's risk location in Queens is located 30 miles from the World Trade Center loss location. Mr. Catalano owns and operates Luigi's Furniture and Consignments on a side street and you observe his store has little walk-in traffic, absolutely no curb appeal, and further appears to be in a declining if not outright dangerous neighborhood. You also note what appears to be a very old 'Business For Sale' sign in the window, and when you inquire, Luigi mentions wanting to retire and move to Florida before he starts discussing his claim.
Luigi has no access denials by civil authority.
You observe and Luigi reluctantly agrees there is no visible structural damage.
Just as you are wondering why you are there, Luigi mentions that his brother-in-law, who is an 'environmental consultant', has determined that asbestos blown by the wind from the World Trade Center collapse has entered his store and covered the furniture and fixtures in his store. He doesn't fail to mention that Snake Farm and Allsnake Insurance have already paid 'hundreds of thousands of dollars' to his business neighbors for similar damage, and that his Uncle Frankie is close friends with the Mayor, and Guido his other uncle knows the NY Insurance Commissioner.
Really, it appears to you that it has simply been a while since the place was dusted or cleaned.
Luigi then hands you an estimate for asbestos removal from his business personal property as well as furniture belonging to others on consignment, and the estimate is for $135,000.00, and you further note, written by his brother-in-law.
Luigi wants to know how soon you can get him his insurance check. He also reminds you that he "doesn't want anything more than what he is due" while handing you a couple of hundred bucks as a 'token of his appreciation' for coming out on such a lousy day.
Now as an adjuster, it's your responsibility to discuss coverage and potential coverage questions or problems with the insured.
What do you tell Luigi? |
|
