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Last Post 09/24/2010 1:19 PM by  ChuckDeaton
Septic tanks now outlawed in Malibu:
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Goldust
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09/22/2010 10:59 PM

 I had a seller who had not hooked up to the sewer in the alotted time given them .In order for us to sell the home the seller had to hook onto the new sewer system before he could sell it.  He was going to have to pay the penalty in addition to the new installation. The sewer district was able to reduce the penalty for him but he still had to pay 1/2 of the penalty. Although they weren't made to remove the abandoned septic system but they did have to fillin the septic w/ dirt.

JERRY TAYLOR
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Leland
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09/22/2010 11:22 PM
These are all good points you guys are bringing up.

If the septic system is truly not damaged by the fire, or only lightly damaged and repairable, then it's removal and upgrading might not be covered.

With the heat from the fire the ABS plastic lines underground can get damaged. If it is an aerobic system the little sprayer heads will get melted. We've all seen melted aluminum ladders and car wheels after a fire, aluminum melts at 1220 degrees. Concrete can be damaged at that temperature. If a concrete or plastic septic tank is buried under a lot of dirt it might survive, I don't really know. I have seen old concrete septic holding tanks that were right at grade level, with no insulating dirt to shield them. Honestly I don't know too much about septic systems, we don't have them that much in California. I know a lot of you folks have them in the Midwest. ( I don't think they have aerobic systems in Malibu.)

But like I was saying, the city might insist that it is "substantially damaged" because they want it gone. That can put an insurance company in a tough spot.

But here's a paragraph from an article I found on the internet:

"The sea is often polluted too. During the recent storms more than 200 septic-tank systems burst open and every day for weeks at least 150,000 gallons of fecal pollution were pumped into the sea. Dismaying odors filled many beachfront houses—in Malibu the seaside lots are so small that the tanks and their drainage fields usually lie directly beneath the houses they serve."

Now one issue this article hints at, is how are you going to save the septic tank if it is underneath a collapsed house?

Malibu houses in the hills can be very tricky to demo- they are on steep, unstable hillsides accessed by narrow roads. If the house has collapsed onto the septic system it would be very difficult, if not impossible, to scrape the house off and leave the septic. Also, even if the septic tank and leach fields are intact, certainly some of the lines going into and out of it are going to be damaged and the city is going to insist it is substantially damaged and needs removal.

I am surprised how much interest this topic is getting. Anyway it's past time for me to look up the policy wording so here it is from a HO 00 03 10 00:

You may use up to 10% of the limit of liability that applies to coverage A for the increased costs 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 Against;

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 damage by a Peril Insured Against to another part of that covered building or other structure; or

3) the remodeling, removal or replacement of the portion of the undamaged part of a covered building or 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

One thing that I notice is the concept of "substantially damaged" doesn't appear here - it just says damaged. I have had many contractors tell me that cities use the concept of "substantially damaged" to decide when an electrical system needs to be upgraded, for example.

In part #1 it just says "damaged" . So hypothetically if the city had a law that said any septic system with more than $25 of damage must be completely replaced, then the HO3 coverage might have to pay for a new one.

Part # 2 and 3 sound like the insured could get paid for what the city codes require even if the septic is not damaged at all. It specifically covers "undamaged" property!

Another thing here is that the section of the policy commonly referred to as "code upgrade" doesn't even use the word "code upgrade". Everyone says "code upgrade" but law and ordinance is not exactly the same. "law and ordinance" covers more than just code upgrades.

For example if the city said you need to rebuild the house 2' back from the property line, you can't have the wall right on the lot line, and you had to spend money to change an undamaged foundation, it sounds like that would be paid under this coverage even though it is not really a "code upgrade".

This whole subject is somewhat hypothetical because none of those Malibu hills houses are going to be on HO3's anyway, mostly DP1 and DP3, but those forms also have code upgrade coverage on a separate endorsement.


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Leland
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09/22/2010 11:29 PM
Ray- is it OK for me to say on a public forum that I love you like a brother from another mother?

Anyway, any other opinions on whether there could be coverage for extending a sewer line past a property line?
same question:
(If you have a 100' electrical feed, and only 40' is suspended over the insured's lot, can you pay for the other 60' that is suspended over the lot next door?)

Also Goldust-

Will you take me hunting some day? Very few people in California do that - I feel like I've missed out.
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CatAdjusterX
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09/23/2010 1:22 AM
Posted By Leland on 22 Sep 2010 11:29 PM
Ray- is it OK for me to say on a public forum that I love you like a brother from another mother?

Anyway, any other opinions on whether there could be coverage for extending a sewer line past a property line?
same question:
(If you have a 100' electrical feed, and only 40' is suspended over the insured's lot, can you pay for the other 60' that is suspended over the lot next door?)

Also Goldust-

Will you take me hunting some day? Very few people in California do that - I feel like I've missed out.



 

Hello Leland,

whereabouts in SoCal do you reside and without getting too much into your business, are you staff or IA ?

 

Robby :-)

"A good leader leads..... ..... but a great leader is followed !!" CatAdjusterX@gmail.com
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claims_ray
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09/23/2010 2:17 AM
The Utility company owns the electrical service wire up to the meter riser. Now if the meter is on a pole and the 100' goes from the meter to the structure (I've installed and worked as a Utility contractor and seen some weird things before) then the 100' belongs to the structure's owner.
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Goldust
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09/23/2010 3:18 AM

   I have a claim that may help us on points 2 & 3 .

On the Northridge Earthquake I had a claim on a 2,500 sf. home on slab all one level. it was on a hillside  there in encino. the slab was smashed to bits w/ cracks going everydirection. it was also an older slab that the contractor never put a single stick of rebar or any other reinforcement.

  In addition there was a double sided fireplace made from brick that faced both the living room and the master bedroom. it was not damaged.

 it was located almost in the center of the home. The garage also had a slab that was totally split all over because of cracks from the earthquake. The home & garage were slowly sliding down the hillside. Oh yes there was a in ground pool w/ a apron around it that was badly damaged over 50% and the pool was tipped so water ran out the down hillside.

Now if you remember back then they had what was called total replacement cost policies. i remember this home was covered for $275,000.

We jacked the house & garage up 6' put in new slabs w/ rebar ( code Upgrade) .We also had to demo that fireplace then rebuild it after the new slab was installed and house refitted onto slab. We pumped cement mud under pool and brought it up to grade and  installed a new apron around the pool.

 Now there were upgrades that said the home had to be retrofitted w/ 3 caisons to go down to bedrock 30' deep and slab was put on top of the caisons.  The insurance co. was not liable for the $30,000 a piece caisons. The insured had to stand for that amount.

In the end the total repairs came to over $530,000  not including the 3 caisons. The insured couldn't understand why we didn't just give him a check for $275,000. I told him we could. But then I asked him do you have a mortgage on this property which I knew he did from the deck page.

I told him if that check was cut for that amount the lender's name would be on the check which the lender would get and he would still have a broken house. The light came on and he said oHHHHHH ! Well we better fix the house then.

 So you can see the different scenarios of code upgrades and replacing undamaged portions of the structures That are covered.

  Sorry to be so windy but that is how it was done before.

JERRY TAYLOR
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Goldust
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09/23/2010 3:31 AM

  i would be glad to take you hunting some day after we get done cleaning up  Mathew next August ! LOL

But you can't use those blasted paint guns !  The way I got it figured if you come ,Leland comes and Ray comes,we might not even want guns in camp!

All kidding aside we need to look at each claim on its own merits and give the insured everything he has coming. Nothing more nothing less.

That is how we stay out of that bad word called "Litigation"  !!!

JERRY TAYLOR
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Ray Hall
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09/23/2010 7:50 AM

This is kinda off topic, but it seems some of the new people will think you use the thumb rules you have heard and learned and the insurance contract is used as broad outline to settle losses; this is from discussions like we have on CADO. I do not agree. If 1, 2 or 100 adjuster that  make coverage decisions that will close losses with policyholders, lawyers, PA,s  that are "questionable", are doing the right thing.

We all know only the courts and the legislature can make law. The claims departments of property insurance carriers know the grave consequences of making a poor-bad calls. I am talked out on this topic.

 

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Leland
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09/23/2010 11:15 AM
Ray makes a very good point for brand new adjusters- the topics that come up on CADO are often the strange issues that involve difficult policy interpretation or gray areas, things that needed to be decided by a court, for example. Especially the topics I start. Most losses however are pretty plain vanilla.

I enjoy analyzing some of the trickier issues but they don't come up very often. Newer adjusters should realize that most claims don't have any gray area.

I thinks some of these topics can be good learning exercises though.

I never knew that the "law & ordinance" coverage specifically covers things that are "undamaged" - that was an eye opener for me. It makes sense when you think about it. Every time you read a policy you pick up something new.

But to make Ray's point I don't think I have ever had a situation where I have had a code upgrade that was needed because something was undamaged that needed to be demo'ed because it was in the way of something that was damaged. I can think of a scenario where that would exist, I just haven't had one like that that I can think of. Out of 100 claims I might have just one with something interesting enough to be a topic on CADO.

I would guess that about 60% of the language in the HO3 policy is not going to be used on about 90% of the claims.

In other words all kinds of things like the coverage for gravestones is in the policy but rarely applies to the typical loss.

If you are doing hail claims where people don't need ALE and its settled on an ACV basis I would guess that your using about 30% of the policy or less- the other 70% of the policy is just not relevant.

So I would agree with Ray, any brand new adjuster can learn something here but don't get wrapped up in details that aren't going to matter for basic storm claims.

On the other side of the coin I would suggest that if an adjuster wants to move from residential to commercial they will have to focus on some of the trickier issues like coinsurance, time element (business income losses) etc. Etc.

I also would like to say that if I start a topic on CADO by asking a question doesn't mean I am necessarily saying my opinion one way or another.

For example if I ask "Should the neighbor's melted ice cream be covered under a fire policy?" doesn't mean I think it should be covered. Sometimes I'm just asking the question.
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ChuckDeaton
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09/23/2010 11:50 AM
The two keys are 1) a certified copy of the policy. ( When I suggested checking for coverage I knew that the exact policy wording, punctuation and syntax was unknown to me) By the way the policy that is in effect at the time of the loss is the only applicable policy. Giving examples of what a NFIP flood policy covers is just confusing. 2) A complete copy of the applicable, enforceable building codes and if possible case law that is directly applicable. There may be city, county, township, sewer district, neighborhood laws that apply.

"Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
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Leland
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09/23/2010 1:33 PM

responding to Robby:

whereabouts in SoCal do you reside and without getting too much into your business, are you staff or IA ?

I am an IA. I went straight from CAT adjusting Katrina & insurance restoration construction into an IA job. I work with 4 other adjusters and I am the least experienced of the four. I do residential and commercial property with a tiny bit of liability. I do claims over $1million from time to time but most claims are between $20k and $300k. I get a lot of fire losses. I did Hurricane IKE commercial on a sabbatical. Feel free to tell me I don't know what I'm talking about at any time. I enjoy learning the business. I live in Santa Ana.

Chuck- good point- "code" is a big concept. It is not found in one little book. For example local fire codes. It can be difficult to find out what really is "code". Any contractor will tell you that city building inspectors can be wrong about what the code requires. I think usually insurance companies will consider something to be a code requirement if the building inspector says it is. When the dollar amount gets larger then they might ask someone like you to determine if the inspector is right.

Chuck- have you ever seen a claim under the "law & ordinance" coverage denied, when the city said it was required but the carrier proved it was not required by "law or ordinance"?



Robby :-)

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claims_ray
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09/23/2010 4:05 PM
Posted By Leland on 23 Sep 2010 11:15 AM

In other words all kinds of things like the coverage for gravestones is in the policy but rarely applies to the typical loss.


Funny you said this, Leland. 
I had a claim from Hurricane Rita on a Mausoleum.  When I first contacted the insured he became upset at me when I asked if this was located on his property (in Texas you can have a family plot on your own property).   Now I first read over the policy and could find no offer of coverage.  I am aware that there is coverage for gravesites offered on some policies.  I spoke with the file reviewer and he also stated that he could find no coverage however was advised by the higher ups that there would be coverage and it was offered under the dwelling.  The payout to the insured for the damage for the Mausoleum was in excess of $40k.  The damage to the insured's dwelling was less than the deductible.  I had only worked the Mausoleum claim.
I would have thought that if there was coverage offered that it would have been under APS with limits.

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Leland
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09/23/2010 4:47 PM
From the HO3:

12. Grave Markers We will pay up to $5000 for grave markers, including mausoleums, on or away from the residence premises, for loss caused by a Peril Insured Against under coverage C.

my thoughts:

another example of something that rarely comes up, but good to know in case it does.

another example of why we need to read the policy again and again- who would guess this was in there?

I learned about grave markers a long time ago on this website but I can't remember the name of the old adjuster that explained it.

The ISO organization that designs the HO3 form tries to put things in that are based on the average person's lifestyle. So if the average person has a cemetery plot and a small gun collection, they might write those things into the policy. Nowadays more people have small home businesses so now that is covered better. That's why the ISO forms are always changing, because people's lifestyles change. If burial plots go out of fashion and everybody gets cremated, watch that grave marker thing get dropped from a new version.
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ChuckDeaton
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09/23/2010 6:00 PM
Leland, law and ordinance coverage can include FEMA regulations. Is the house in a flood plain?
"Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
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ChuckDeaton
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09/23/2010 6:06 PM
Now if you remember back then they had what was called total replacement cost policies. i remember this home was covered for $275,000.

As I write this my house is insured for guaranteed replacement cost.
"Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
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Leland
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09/23/2010 6:41 PM
per Chuck: law and ordinance coverage can include FEMA regulations. Is the house in a flood plain?

Chuck are you serious? I know you are super smart, are you saying an H03 might pay for raising a house when FEMA requires it?

Have you seen that done? I wouldn't have thought of that.
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jdacree
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09/24/2010 11:19 AM
I do not think the carrier will pay for raising a house just because FEMA requires it. The raising of the house would apply to the ability to keep flood insurance under FEMA guidelines. Now IF the local governmental agency requires the raising of the house, THAT would be covered under the HO O&L. One example of this was a restaurant and home in Dickenson Texas after Allison. Both of these structures were "houseboats"on the bayou. Both were washed away by the flooding. The owner of the properties closed down the restaurant (a very good one) because they did not have insurance on the restruant to cover the O&L to rebuild on land. The house was rebuilt on land due to the coverage of the HO policy which contained O&L.

Jim Acree Stupidity is the art of not trying to learn Ignorance is the lack of opportunity to learn I am ignorant
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sbeau4014
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09/24/2010 11:31 AM
Leland, I thought the same thing when I read Chuck's comment about FEMA/having to pay to raise a house if in a flood plain. I haven't pulled any coverages with the code upgrade language in it, but if FEMA regulations would come into play, it could make a huge impact on claims. I don't know if the FEMA regulations only apply to getting insurance on a property, or if they come into play on new home construction, repairs to existing houses, etc.
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ChuckDeaton
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09/24/2010 1:19 PM
Leland, 1) My handling of claims covered by Law and Ordinance is limited to one company and I am covered by a confidentiality agreement which has been emphasized by letter from corporate counsel.

But, I can tell you that some Law and Ordinance cover is written without thought to all applicable Law and Ordinance. And yes, I have been involved in claims where policy limits were paid because of FEMA regulations that required a dwelling to be elevated.
"Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
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