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Last Post 03/31/2010 6:09 PM by  Leland
shooting at rats claim scenario
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Leland
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03/31/2010 10:28 AM

    The insured tried everything to get rid of the rats invading his home. He didn't want to use the poisonous bait, because he was afraid the rats would die inside the walls. He caught some with old fashioned rat traps, but the rats got smart and would trip the trap and then lick the peanut butter bait clean. They seemed to avoid the sticky traps even though he placed them carefully.

    Finally in exasperation he got some kind of lower power rifle and waited up all night, sleeping outside the kitchen. When he shot one, it busted a water line inside the wall and ended up damaging the flooring.

    The dwelling is covered by a DP1 policy.

    Would you recommend coverage of the loss? What questions would you ask the insured?

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    Ray Hall
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    03/31/2010 11:32 AM

    Nope not a NAMED peril.

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    Leland
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    03/31/2010 2:24 PM
    EXPLOSION
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    Leland
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    03/31/2010 2:37 PM
    Here's a connecticut court decision dealing with other issues, but it mentions "explosion from a firearm". I don't know if this was a case of the gun just being fired or the gun blowing apart, I'll try to find better examples.

    I can tell you that damage from suicides by gunshot and other building damages from gunshots are routinely paid under the DP1 as "explosion". I have a claim with gang member firing a gun into a house damaging two windows, as VM&M glass would not be covered, as peril of explosion it is covered, routine decision by carrier.

    I had a suicide the other day and I had to ask the clean up crew if the brains were splattered on the building (covered) or on the lawn (not covered). I needed to ask because the police report discussed pieces of brains being recovered from the lawn. Turns out 95% of the material was on the side of the house, and since it was from a real firearm, it was pain under "explosion", carrier's routine decision. If it hadn't hit the house the hazmat cleanup wouldn't have been covered.
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    Ray Hall
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    03/31/2010 5:25 PM

    A very dear friend now deceased appointed me as his appraiser for his lap top that was totaled. My fee was 0. He was working the fire losses in LA. His lap top was on the front seat. He rear ended the car ahead of him, his lap top screen was torn off his 2 day old lap top. The auto carrier and home owner carrier were the same. Our case was the HO UPP coverage owned ACV cost under vtehicle damage peril as the property was damaged in an auto accident. The inside adjuster said the lap top has to run over by an auto. My bud sent the appointment notice with my CV and  the carrier paid, without appointing an appraiser.

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    Leland
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    03/31/2010 6:09 PM
    In California we have a law against typing up estimates while driving or even being on the phone. It doesn't matter how slow the traffic is. And the CHP is very slick at getting customers while riding their zippy BMWs. They are expert at spotting you from a 1/2 mile away and zipping up to your window, pointing a finger at you like your momma used to.

    And Ray, if your name is striking fear in the file examiner's heart you will do better financially to become a PA.

    Next time i'm in Houston I will buy you a beer. Sorry I didn't think to look you up during IKE.
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