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Newt
USA
657 Posts |
 Posted - 09/06/2002 : 11:36:50
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After the peril, "Hugo" the insured had two oak trees left standing. One was severely damaged, the other han been up-rooted and was leaning against it. These trees were in excess of 80 ft tall. The tree removal person could only guarantee there would be some destruction when they were felled because of the location and some of this damage would be to the neighbors property. The neighbor agreed to the solution put before him. This was after the claim had been paid.
Thee leaning tree was dropped and fell across the privacy fence and into the neighbors yard and crushed a small empty utility bldg 8x8.
The privacy fence run along the insureds north property line and it was not on the boundry ,it was twenty ft. to the south of it.
The coverage was :
A Dwelling Replacement Cost Deductable $ 250
Dwelling extension
B personal property
L Personal liability personal liability 100k
damage to property of others 500 dollars
1 WOULD THIS CLAIM BE CONSIDERED A NEW CLAIM?
2 WOULD THE NEIGHBORS BUILDING BE FULLY COVERED? $750 VALUE
3 WOULD THE FENCE BE COVERED?
4 WOULD THE COST TO REMOVE THE HAZARD BE COVERED SINCE IT WAS CAUSED BY A PREVIOUSLY COVERED PERIL?
This is a quiz for new folks, give your answers for the available
information, if you don't know them all give what you think.
Others will join in as mentors and hopefully give you a broad view of what to expect in the field and coverages.
Pay special attention to the cause, and insureds responsibility. |
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Newt
USA
657 Posts |
Posted - 09/06/2002 : 16:27:00
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My take on this was the same.
The tree could not be climbed and no equipment available with that reach .
The soulution to the problem in my opinion is move the 8x8 ft utility bldg.
And take down three sections of fence and no damage would have occured, the tree expert should have known this, and he was liable.
The only thing that I was unsure about was the Liability Coverage of the insured, if she would be covered if a law suit had been filed. I restored the bldg with a new one and replaced the fence. In turn the tree expert did a lot of work for me, so no claim was made and everyone was happy. I had only 11 days to rebuild a house and get back to my business and I had no help. The tree expert was no help to my project.I had cousins with tree problems. |
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Straw
13 Posts |
Posted - 09/06/2002 : 18:53:48
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I concure with you.
On the liability issue, the contractor is liable. However, if the contractor was unable to pay and the insrd was sued, the $750 is a lot less than the cost to defend. I would pay for the bldg, the fence belongs the insrd. The insrd has the resonsible to hire a responsible contractor and would have a good chance of losing in court. |
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Newt
USA
657 Posts |
Posted - 09/06/2002 : 19:42:14
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My Aunt(foster mother) was the insured,she was 87 and no way would I let her be subjected to a suit. First I got the neighbors consent.And I did replace their bldg with a bigger one that matched the home. The materials I had, so the cost was not that bad. My Aunts house was the first house completed in the area on Johns Island. The neighbor wanted me to restore their house but I had to decline and get back to my business.Many of the houses had not been adjusted.
I think they did a fantastic job though, and believe me I saw a lot of them hustling all hours. |
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Straw
13 Posts |
Posted - 09/06/2002 : 20:02:06
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| Newt, I know what you are saying I went was involved in the 93 floods in DSM, IA with family. Key word "flood" 1% of the damaged homes had flood insurance. |
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Newt
USA
657 Posts |
Posted - 09/06/2002 : 20:38:04
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Thats where SBA does a good job getting grants and loans for homeowners. I don't know a lot about FEMA ,I think they are more concerned with the flood insurance program. I will find out something though the have a free one day course for which I have signed up the 12th of sep.
It is free so what the hey. It is for housing Inspector. It never hurts to get another slant on things and know what options you can give a clients. |
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ALANJ
USA
159 Posts |
Posted - 09/07/2002 : 14:56:19
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Newt:
You could argue that the neighbor going along with this plan was an assumption of risk or even a waiver. Both are affirmative defenses if suit was filed. |
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Peril-Hazard-Peril " Basic problem"
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