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Did he or didn't he? If he did, what is the cost of repair? Does he have proper liability coverage to cover this? Who is the "injured" party?

Pretty much a straight forward claim, doncha think?

Happy Trails

Document, document, DOCUMENT.......................

Posted By kevinbti on 01 Mar 2013 02:20 PM
I have been "selected" to handle underground cable claims our named insured accidently cut.  Has anyone handled thes types of losses?  Suggestions on how to investigate to determine liablity?  thanks

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Of course I second Chuck's sentiments. Additionally, your insured may not be liable. Find out if he called before he dug. Most states have a requirement that anytime you break ground, you must contact XYZ Power company Gas company etc.... to ensure you do NOT sever any underground cables/lines/Gas/Electrical.

Years ago, 1999 I was using a bobcat to dig out the footings for a retaining wall. I went through conduit like a hot knife through butter. I had called PRIOR to the dig and was sent prints that showed existing gas and electrical lines. I was nowhere near any "known" lines. Ultimately, the utility company was held liable for NOT updating maps    

Calling for locates does not always protect one from liability. I worked as a utility contractor in the past. While digging in the ground with a mini-excavator I covered up the locate marks with the spoil. Although I was over three feet off of the locates I cut into a gas line and the company that I worked for was made to pay for the cost to repair. That was when I learned to take photos showing the marks in relation to the excavation. Also you should be hand digging within two feet of the marks.

I always took pictures of the site and documented line locations for my files. Sometimes, the owner of two buildings can link or bypass the straight from the street method to save money on replacing lines and link his two buildings together. Locator system "assumes" he is finished when they are not. Loop went behind buildings and tied 3 units together.
Nothing like that big sound of Whooooooosssssshhhh and rotten egg to make a day. Made great friends with fire department and gas company though.

Nothing like that big sound of Whooooooosssssshhh, just as you are clicking your Bic.

Chuck,

I have a big dig tommorrow. You bring your Bic, I'll bring the pine box. Oh, and where is that life policy stashed again?

Claimsray is spot on with the points about calling before you dig. Most states' laws require a phone call before you dig. These laws are so prevalent that it may be considered a duty of your insured. Once again, it may or may not place your insured on the hook. If your insured didn't call before they dug, they could be facing fines anyway.

If they did call, look at how much time they waited until they started digging. Did they wait long enough before all of the utilities came out to locate/mark their service lines?

Then check to see if the lines were properly marked. I had one where a backhoe cut right through the lines. I represented the power company, so they sued the locator service and won.