Manufacturer Warranty
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RE: Manufacturer Warranty - 5/21/2004 12:36:05 PM
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Dsenneke
Posts: 5
Joined: 5/12/2004
Status: offline
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Under an HO-3 policy, it states "We insure against risk of direct physical loss..." The voidance of a manufacturers warranty does not constitute physical damage to the structure or item and as such is not covered. A similar situation arises when a homeowner or contractor says that something must be modified (usually upgraded) in order to comply with ordinances. Here, there is an exclusion to cite.
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Dennis P. Senneke
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RE: Manufacturer Warranty - 6/5/2004 12:03:58 PM
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Leam Kincaid
Posts: 52
Joined: 6/1/2004
Status: offline
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quote:
Under an HO-3 policy, it states "We insure against risk of direct physical loss..." The voidance of a manufacturers warranty does not constitute physical damage to the structure or item and as such is not covered. A similar situation arises when a homeowner or contractor says that something must be modified (usually upgraded) in order to comply with ordinances. Here, there is an exclusion to cite.
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Dennis P. Senneke
When the direct physical loss cause, causes the warranty to become void, per the manufacturer, and the adjuster does not "see", understand or admit the damage that the manufacturer and or contractor know of, what indemnity principle is being applied then?
When trauma from (voluminous) pea size to small marble size hail beats off, and obviously loosens, the enviromentally protective outer component of a fiberglass shingle, yet no hail impact "cracks" appear, is the shingle damaged?
Strictly and narrowly defining shingle hail damage as being "bruising" alone is unrealistic and unfair to insureds and manufacturers.
Premature-untimely (hail created) loss of the outer protective shingle component, the granular component, that inherently helps sustain the life, value and warranty of the shingle, happens, and should be easily and honestly recognized for what it is...physical damage to the shingle.
Insurance Companies, adjusters, engineers or contractors who do not see or recognize all types of known and obvious hail damage to a roof shingle or any other building material does not nullify the damage. It may nullify their reputation though.
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RE: Manufacturer Warranty - 6/5/2004 1:27:51 PM
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KileAnderson
Posts: 199
Joined: 4/19/2004
Home base: Baton Rouge, LA
Status: offline
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Leam, who are you? What is your purpose here on a Catastrophe Adjuster's web site? Are you an adjuster? You seem to know very little about insurance and adjusting from the posts that you have made. Your profile says nothing about you. Can you please fill us in so that we know who we are conversing with?
As far as your above post, shingles are a wearable surface. You loose granules when the wind blows and when it rains, are you suggesting that a claim is warranted everytime it rains? Where exactly do you draw the line? The insurance industry has tried to come up with an objective standard to use in evaluating a roof for hail damage. What standard do you suggest since you do not believe the current industry standard is sufficient?
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RE: Manufacturer Warranty - 6/7/2004 2:42:49 PM
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DEMIGOD
Posts: 43
Joined: 4/19/2004
Status: offline
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I do not understand why you don't see this kile. I understand where your coming from in regards to seeing touching and making a circle around the bruise.
But please consider, Manufacturers warranty thier product for a certian amount of time. They realize that granules are going to fall off thier shingle otherwise they'd have a life time warranty on the product. They know that rain and wind blow of granules and that regular weather condition will afford x amount of years in regards to servicablity of that roof. Some Manufactures exclude hail from thier product warranty if it's over a certain size, there does not have to by "ANY" visible signs of bruising to void the warranty. If an event like hail causes increased granular loss, beyond normal loss it reduces the service life of the single, plain and simple. They know this and that's why hail is exluded from product warranty.
So it's reasonable and logical to say that granular loss due to hail is damage.
Granules perform three funtions do you know what they are?
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RE: Manufacturer Warranty - 6/7/2004 5:17:49 PM
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KileAnderson
Posts: 199
Joined: 4/19/2004
Home base: Baton Rouge, LA
Status: offline
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Fire retardence, UV protection and asthetics.
If they exclude hail from their warranty, then how can hail void the warranty?
Bottom line, if I can't see it, it isn't there.
NEXT.
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RE: Manufacturer Warranty - 6/7/2004 9:37:11 PM
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Czar
Posts: 65
Joined: 4/19/2004
Home base: Columbus, Ohio
Status: offline
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Demigod:
What has the insured lost, a warranty that they will never use. I just don't see a loss if there is not direct physical damage to real property.
< Message edited by Czar -- 6/7/2004 9:39:37 PM >
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RE: Manufacturer Warranty - 6/9/2004 9:33:33 PM
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khromas
Posts: 606
Joined: 4/19/2004
Home base: Houston, Texas
Status: offline
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Bryan,
I whole-heartedly agree with your immediately preceeding post regarding the voided warranty as collaborating evidence. I would add that it is only ONE of the areas we should consider in making the assessment as to a payable claim, just like we look at other properties on the block, plants, screens, fences, etc. Absent actual physical damage though, it would be hard to 'bet the farm' on the voided warranty as basis for a payable claim. Those manufacturers who void their warranty do so at the slightest occurrance of hail and make no distinction as to size and actual damage.
The standard of good faith and fair dealing on the part of the carrier (and US!) is that we must always first look FOR a way to pay the claim, not for a way to deny!
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Kevin Hromas
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Definition of a LIBERAL: a person who is so open-minded that their brains have fallen out!
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