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Last Post 02/23/2007 7:39 AM by  jlombardo
Ordinance Or Law
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Gary
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12/29/2006 2:20 PM
     

    How would you handle this Ordinance or Law claim? The following information does not suggest a specific claim but is used as an example.

     The  endorsement reads as follows:

     Ordinance Or Law

     

    a.         You may use up to 10% of the limit of  liability that applies to Coverage A for the increased cost you incur due to the enforcement of any ordinance or law which requires or regulates:

    (1)  The construction, demolition, remodeling, renovation or repair of that part of a covered building or other structure damaged by a Peril Insured.

    (2)  The demolition and reconstruction of the undamaged part of a covered building or other structure , when that building or other structure must be totally demolished because of damaged by a Peril Insured Against to another part of that covered building or other structure, or

    (3)  The remodeling. removal or replacement of the or portion of the undamaged part of a covered building  other structure necessary to complete the remodeling, repair, or replacement of that part of the covered building or other structure damaged by a peril insured Against.  

     

    The insured was paid Coverage A policy limits - $100,000.00

    Yes it was under insured.

    The insured got a hungry contractor to do most  the repairs for $95,000.00  About $10,000.0 in damages not included in contractors estimate  are left to  be repaired by the insured. All other contractors estimates to repair damages included in adjusters original estimate were for $135,000.00 and up.

     House was repaired and he was given a CO.  No electrical was ever addressed in original estimate which totaled RCV $110,000.00 . Because the adjuster had done so many of the homes of this size he knew policy limits would be reached without including some damaged electrical fixtures and the damaged breaker box. Anyway the carrier was limiting the service bill portion for Coverage A to the policy limit and he did not want to do any unnecessary estimating.  No pictures were ever taken of any electrical items.

     Insured presents bill for $3,500.00 to totally rewire house, all fixtures, and put in a new breaker box. Originally the house had 16 plugs, ( no GFIS) and  a 150 AMP box.   I will not consider any additional electrical as ordinance and law issues for this example other than what follows.  Leave the additional wiring alone in this consideration.  Floor plan was not changed.   Code requires insured to have a total of 24 regular plugs, 3 GFIS in place of  the 3 original plugs ,and a 200 AMP box.

     Electrician’s  Invoice  included some the charges below.

    Cost for regular plugs  $25.00

    Cost for GFIS  $50.00

    150 APM box $750.00 ( informational only)

    200 AMP box $1000.00

    Fixtures $1000.00

    Rewire house with all new fixtures $1,150.00

     

    For your consideration: What would you do?

     

    1. Pay the full $3,500.00 owed because it was never addressed in original estimate.

    2. Include   one 200 amp box, 3 GFIS, and 8 plugs and pay- $1,350.00

    3. Difference in cost between 150 and 200 AMP box, difference in cost between GFIS and regular plugs, 8 additional plugs ( remember is was never damaged according to original estimate) and pay $525.00

    4. Pay $0 because policy limits were paid and if the agent had done his job the house should have been insured for $125,000.00. Recommend to the insured they go after the agent under his EO insurance.

    5. Pay $0 because they already had enough money to do the repairs and did not incur any additional cost. (see language above “ increased cost you incur” )

    6. Pay $525.00 only if he spends an additional $5,525.00

    6. Include one 200 amp box, 3 GFIS, and 11 plugs and pay $1,425.00

    7. None of the above

     

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    jlombardo
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    Posts:145


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    12/29/2006 3:38 PM
    Gary,
    If L&O coverage is provided, then you owe whatever the cost to bring the risk up to code within the limit of liability of the applicable L&O endorsement on the policy. The failure of the risk to meet the replacement cost requirement has no bearing on the payment of an L&O claim....


    Joe L.
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    Ray Hall
    Senior Member
    Senior Member
    Posts:2443


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    01/02/2007 5:46 PM
    A complete rewire is not required to bring up to code. I would recommend $1,425.00. Why would you ever recommend the insured sue the agent. The whole RCC thing is almost ignored in 99.9% of all losses. I have not seen the penalty in play in the last 40 years.
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    Tom Toll
    Moderator & Life Member
    Senior Member
    Senior Member
    Posts:1865


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    01/02/2007 6:17 PM
    I have to agree with Ray on this one. I have never suggested to an insured to sue or ask for and E&O claim from an agent. This could get you into trouble really quick. Don't do it.
    Success is not final, failure is not fatal: it is the courage to continue that counts.
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    Gary
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    Posts:2


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    01/03/2007 12:26 PM
    Thanks Joe for your response. Your answer was straight forward and correct, but I was trying to achieve a response which would demonstrate how you would arrive at a specific settlement. I have noticed that most all adjusters agree that Ordinance or Law is designed to reimburse the insured for appropriate incurred cost in bring their property up to code, but I have also noticed that a settlement amount due the insured for the same cost incurred might very widely among that same group of adjusters. My question involves what criteria come into play when determining the correct settlement. The answers to the following questions will have great bearing on the settlement amount.

    Does the insured have to spend all the money issued under Coverage A before additional funds can be issued under the ordinance or law endorsement?
    I agree with you.

    When Coverage A policy limits are paid, has the insured been paid for every item associated with Coverage A regardless if it was ever damaged or included in a previous estimate?

    The answer of “no” to the above question might allow for the following:
    1. The full invoice payment of all justifiable Ordinance or Law requirements.
    2. The full invoice payment of all justifiable Ordinance or Law requirements not previously addressed.
    3. The full invoice payment of all justifiable Ordinance or Law requirements previously addressed in a prior estimate less to the amount to return (repair or replace ) this item to its same condition (like kind and quality) before the loss.

    The answer of “yes” to the above question will allow for the following:
    1. The full invoice payment of all justifiable Ordinance or Law requirements less to the amount to return (repair or replace ) this item to its same condition (like kind and quality) before the loss.

    If you answered “ no “ to the above question, what would you do in this situation? Policy limits were paid under coverage A, the policy was not cancelled, and no repairs were started. Another claimed was filed for a loss from different occurrence for the items not previously claimed or addressed in the prior loss.

    The others that responed thak you also. By the way, I would not recommend going after the agent either but I have heard other adjusters suggent it. I have seen this same type of claim recommended for settlement as the anwser to 1,2,3,5,6,6(7). I was hoping to generate a knowledgeable response and an outline of how You arrived at your answer. It would be nice to think that just as two seasoned adjusters might arrive at the same settlement for a hail claim, the same would be true for a Ordinance Or law settlement.



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    RandyC
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    Posts:197


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    01/03/2007 2:23 PM

    The National Electrical Code (usually adopted by local jurisdiction) establishes the local enforcement authority as the final word on local code requirements.  Codes vary according to the dictates of local electrical boards, inspectors, and their city councils.

    However, a house upgraded to a total of 24 outlets would normally be  sufficiently served by the existing 150 amp service.  I would want more than an invoice from the Electrical Contractor.  Some of them may have their own seat of their pants minimum services....but they are not the authority.

    I'd check with the appropriate local enforcement authority; something doesn't sound right.

    RandyC

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    dparsons
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    Posts:32


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    02/22/2007 3:41 PM
    I just read this and I think we are missing the point.  This coverage allows you to use up to 10% of the limit of liability for increased cost due to code changes since the house was built but this is does not increase the limit of liability, like Loss of Use does.  If policy limits have been exhausted, then that is it.  As far as getting onto the agent, it is the insureds responsibility to have his property insured properly.  If you tell an insured to go after an agent, you won't be working that company's claims very long.
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    jlombardo
    Member
    Member
    Posts:145


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    02/23/2007 7:39 AM
    Dave,
    L&O coverage on standard ISO HO-3 4/91 and 2000 is added by endorsement in increments of 10, 25 or 50% and is over and above the policy limit of Coverage A.....If you wish a copy of a sample endorsement, please contact me at: jlombardo@mindspring.com and i will send you one.....
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