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Last Post 02/16/2010 12:58 AM by  Ray Hall
Apartment House Carport Collapse-Subrogation ??
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Ray Hall
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02/14/2010 5:22 PM

    This is the DFW area for storm far the Thursday 12 inch wet snow fall an amount that goes back to 1917. This is far from a slam dunk for the auto owner or the carriers. Most auto carriers are member of Arbitration Forms(AF) and most of the General Liability carriers of the apartments owners, designers, engineers and who ever will also be members of AF.

    The allegation of  negligence wouldhe  be plead to trigger the Liability Insurors  response to investigate and submit as an respondent to AF.

    1. Fauty design 2. Improper plans 3 Failure to mantain 4 Failure to warn 5 Should have known 6 Did not put up warning sign about expected snow fall.

    7. It has to be some ones fault.  *** I think this site has a virus*** my words are moving about***

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    ALANJ
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    02/14/2010 8:50 PM
    Act of God no liability



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    Ray Hall
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    02/14/2010 10:05 PM

    Aw Alan, on a collapse of a metal carport that fell on poor residents auto,s under the car port, something had to be wrong with the carport cover...some thing/someone beside mother nature caused this. You are right good auto adjusters will not recommend going to AF.

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    ALANJ
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    02/15/2010 9:58 AM
    I would defend that one forever. However, I'm sure someone would wanna pay for it.
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    Leland
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    02/15/2010 3:00 PM
    Did the insured do something that he shouldn't have done?

    Did he fail to do something he should have done?

    If the handyman who built the carport says, " I told the building owner this would collapse with the first snow" there might be a legitimate liability claim.

    If the car owner tells you "I asked the landlord if it would be safe to park there since the storm was coming, and he said go ahead it's safe" you might have a liability claim.

    Without a smoking gun like this, there is no liability
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    Kemahsabe
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    02/15/2010 8:22 PM

    A little off topic, but I handled a supplement at an apartment complex after Hurricane Charley that had several of these strip carports blown down.  (Never heard about any cars damaged by the carports.)

    The problem was the coverage on the carports was limited to $25,000 while the replacement cost was over three times that.  Came as a complete surprise to the apartment management.

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    Ray Hall
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    02/16/2010 12:58 AM

    Aw come on guys, no liability on tripping on a dry even sidewalk on a bright sunny day in front of the ..99 cent store, but report it to the manager  and the side walk is owned by the landlord, but it gets to the liability adjuster of the shopping center owner after the TPA  for the .99 ask for tender, thats what I do many times a year. No not trip... investigate the liability exposure and recommend a nuisance settlement, before suit is filed.Some time we let it go to suit if we all choke on the demand

    How many completed operation liability claims will be turned in on roof collapse on the East Coast. How many will be won and lost by either side lots, I don,t know all the facts, but I agree the defense has the edge. I have never worked for the other side, but it's call nuisance value settlements.

     

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