RE: Need some help if possible
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RE: Need some help if possible - 2/19/2006 8:34:32 AM
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okclarryd
Posts: 612
Joined: 4/19/2004 Home base: Oklahoma City, Ok Status: offline
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Also, and I've seen this in other replies or postings, the definitions used in the various sections of the policy cannot be transferred to another section for the convenience of the reader. The term "occurrence" does not occur in first party coverage. This is not the first occurrence of this occurring here on CADO.
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LARRY D HARDIN
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RE: Need some help if possible - 2/19/2006 2:08:00 PM
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trader
Posts: 1200
Joined: 4/19/2004 Home base: Houston, TX Status: offline
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This goes to basics of insurance principals of fire and casualty insurance. If you owned an insurance company : would you insure "bad results" of events that could be; foreseen, expected and not accidental ? The answer is always NO. Now if you are an adjuster working for this insurance company, why would you assume anything has changed. ?
< Message edited by trader -- 2/19/2006 3:53:13 PM >
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RE: Need some help if possible - 2/19/2006 3:18:09 PM
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Catmandale
Posts: 48
Joined: 4/19/2004 Home base: Bakersfield, CA Status: offline
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My take on this: The hailstorm damage was an accidental direct physical loss, covered by the policy, subject to policy provisions, for the parties having an insurable interest in the insured property. The liability issue at hand is the claim presented by the new owners against the old owners. And/or the new owners against the inspector, real estate agent, escrow company, etc... Regarding the hail damage to the house, the new owner has no standing with the carrier insuring the home at the time of the loss. The questions of liability and negligence are subject to the legal environment where the argument is venued. If we are talking a few thousand dollars for a reroof, the cost of fees may soon exceed any potential benefit. Dale
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