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Dakota Kid
USA
30 Posts |
 Posted - 01/30/2004 : 12:40:17
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| I recently had a claim were the insured put in a claim for vandilism on their mobilehome. The damage was caused by the renter. The place was very dirty and me it looked like pigs lived there. One room had water damage from the renter leaving the water on when they moved out. The oven door had been ripped off , anyway you get the point. The estimate was for around 3,000.00 dollars. I suggest to the company not to pay but, they did. WHY?????? Where do they have coverage for this? |
Edited by - Dakota Kid on 01/30/2004 13:26:47 |
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Admin
547 Posts |
Posted - 01/30/2004 : 13:31:34
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It does not matter what the placed looked like, unless the damage is other wise excluded under losses not insured then coverage would apply.
The condition of the place would come into play when considering depreciation. |
Roy Cupps -
CatAdjuster.org :: Contact\Feedback :: Adjuster Roster :: Current Forum |
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Dakota Kid
USA
30 Posts |
Posted - 01/30/2004 : 13:36:27
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| I was meaning that the majority of the damage was just that the property need some major cleaning. I thought that is what the deposit is for. |
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katadj
USA
315 Posts |
Posted - 01/30/2004 : 13:41:53
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Vandalism must have been a covered peril under the policy in force and effect at the time of the loss, or the carrier would not have issued payment.
Why would you NOT recommed payment?
Did you read the policy before inspecting the loss?
Were you directed to recommed non-payment?
Were there other unpublished circumstances?
Did the carrier subrogate against the tennant?
The conditions of the subject property , as Roy stated, are not a concern which should be addresed.
The insured purchased the policy to cover the subject property and should rightfully be indemnified from financial loss due to a covered peril, i.e. "Vandalism" |
Edited by - katadj on 01/30/2004 13:57:25 |
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KileAnderson
USA
875 Posts |
Posted - 01/30/2004 : 13:42:02
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| Vandalism by the renter is covered. If they ripped the oven door off and left the water on when they left that would be considered vandalism. If there was some sort of security deposit that should be deducted from he payment along with the deductible but the excess would be covered under vandalism. |
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Dakota Kid
USA
30 Posts |
Posted - 01/30/2004 : 13:50:50
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I did not have a policy book with this company. I don't have to make a coverage choice. The company just asked if I had handled something like this before and what the out come was. I have only handle one other. This one the insured committed suicide and got blood all over. The owner claimed vandalism. I suggested payment and Ohio casualty denied the claim. The adjuster would not get back to me why. I understand we should not read into the policy but, I don't understand the different outcomes.
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Dakota Kid
USA
30 Posts |
Posted - 01/30/2004 : 13:53:27
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Kile,
Ok how about the cleaning would you consider that an act of Vandalism? |
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Dakota Kid
USA
30 Posts |
Posted - 01/30/2004 : 13:57:53
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I should add to the last comment. By cleaning the insured claims the renter purposely tracked mud through the house ect.
I just am wondering if I am making something out of nothing. You can see my confussion when one pays and one doesn't. |
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katadj
USA
315 Posts |
Posted - 01/30/2004 : 14:02:31
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It would appear that some additional time and effort be spent on the basics.
Without knowing all of the facts no one can make an informed determination.
If the Insured comitted suicide, were they the "owner" that claimed vandalism. That's one for the books.
When posting to get opinions, it is most important to reveal all of the facts, as well as, "The rest of the story".
Then and only then, will anyone be able to sort out the issues. |
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Dakota Kid
USA
30 Posts |
Posted - 01/30/2004 : 14:09:19
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| Katadj, I am sorry I ment the Renter committed suicide. |
Edited by - Dakota Kid on 01/30/2004 14:11:11 |
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Dakota Kid
USA
30 Posts |
Posted - 01/30/2004 : 14:19:33
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Katadj,
I believe it is cut and dry the renter commits suicide and the owner claims vandalism to the property from the blood damage. coverage, no coverage? |
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KileAnderson
USA
875 Posts |
Posted - 01/30/2004 : 14:22:35
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| I think it would be covered because the damage came about through a deliberate and willful act of the tennant which caused damage to the insured property. |
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JimF
USA
1014 Posts |
Posted - 01/30/2004 : 14:23:50
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Since you mention suicides, I am curious if adjusters here are aware that if they receive a claim involving property damage to a risk caused by body fluids, blood and debris covering walls, floors and ceilings, that OSHA rules come into play as far as any "clean-up" is concerned.
I was not aware of this until last month when listening to a speaker at the local claims association who described some of the differences required by OSHA which go beyond normal cleaning by a restoration company.
I further learned that there are some specialty companies out there who adjusters can call in to perfom this sensitive and delicate task when a suicide, murder or some other tragedy involving bodily fluids are involved. The speaker at our local claims association owns a company which does this work on a regional basis, and he and a partner are also employed by the Sheriff's Department as crime scene investigators full time.
Just wanted to make you aware of this sub-specialty and requirements necessitated by OSHA should you bump into a claim of this nature. |
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Dakota Kid
USA
30 Posts |
Posted - 01/30/2004 : 14:24:39
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| I believe their is coverage too but, I don't think it is vandalism. |
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Dakota Kid
USA
30 Posts |
Posted - 01/30/2004 : 14:26:00
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| I still think there is more to the renter in the mobilehome then just pay it under vandalism peril. |
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JimF
USA
1014 Posts |
Posted - 01/30/2004 : 14:49:38
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What do you think vandalism is?
Please share your definition.
Vandalism by tenants happens all the time and these types of claims are not at all unusual as covered losses. |
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Renters abuse of a Mobile Home
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