One Million Ivan-Frances-Charley Fla. Claims?
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One Million Ivan-Frances-Charley Fla. Claims? - 9/19/2004 10:52:13 AM
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HannahMarie
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Ivan Not Finished With U.S.; I.I.I. Reports on Florida Hurricane Damage
By Dave Thomas
September 18, 2004
...'The Insurance Information Institute (I.I.I.) reports that about one out of every five Florida homes has been damaged by a hurricane so far this year'.
"The Institute expects the total number of claims will exceed one million, surpassing the 700,000 claims filed for Hurricane Andrew and setting a new record for the number of claims in such a short span of time"...
http://www.insurancejournal.com/news/national/2004/09/18/46073.htm
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RE: One Million Ivan-Frances-Charley Fla. Claims? - 9/19/2004 11:41:07 AM
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HannahMarie
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ALLOCATION OF CONTINUOUS DAMAGE LOSSES
By Stuart Cotton and Philip C. Silverberg
Continuous Trigger
Under the continuous (or triple trigger) theory, the occurrence that implicates coverage takes place at all times from the first exposure until manifestation or last injury. (12) It follows that the continuous trigger approach implicates all policies that conceivably provide coverage under any of the theories of trigger.
The current trend in at least certain jurisdictions in the third-party liability insurance context seems to favor application of the continuous trigger approach when there has been indivisible damage over multiple policy periods. (13) Those advocating this approach argue that it furthers the "public policy" of maximizing coverage and does not demand fact determinations that are often extremely burdensome or even impossible to make under the circumstances. (14)
NUMBER OF OCCURRENCES
Inasmuch as insurance contracts typically provide coverage for "occurrences," when continuous damage is involved the determination of the number of occurrences will have a potentially significant impact upon the amount of coverage provided and the amount recoverable.(15)
In response to the problems presented when numerous "occurrences" are found in each policy period, most courts have held that continuous damage from one cause or at one location constitutes a single "occurrence," not withstanding that multiple, yet individually identifiable, "events" may have taken place.
http://www.moundcotton.com/CM/Articles/Articles93.asp
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When Hurricane Charley caused-created initial damage to a given property, and damage mitigation to a property has been impossible to perform due to Contractor labor shortages and etc. reasons, does additional environmentally generated damage to a property (via a Charley caused-created structural opening) constitute single on-going "occurrence" generated damage by proxy / extenuating circumstances?
< Message edited by HannahMarie -- 9/19/2004 5:22:07 PM >
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RE: One Million Ivan-Frances-Charley Fla. Claims? - 9/19/2004 12:23:56 PM
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JimF
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Post temporarily removed by Poster to review for compliance with the CADO website owner's guidelines to insure that generally accepted Free Speech provisions of law are not violated by exceptions to free speech recognized by American law, including obscenity, defamation, breach of the peace, incitement to crime, "fighting words" and sedition.
< Message edited by JimF -- 2/18/2006 2:52:48 AM >
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RE: One Million Ivan-Frances-Charley Fla. Claims? - 9/19/2004 12:45:25 PM
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JimF
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Post temporarily removed by Poster to review for compliance with the CADO website owner's guidelines to insure that generally accepted Free Speech provisions of law are not violated by exceptions to free speech recognized by American law, including obscenity, defamation, breach of the peace, incitement to crime, "fighting words" and sedition.
< Message edited by JimF -- 2/18/2006 2:53:19 AM >
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RE: One Million Ivan-Frances-Charley Fla. Claims? - 9/19/2004 1:03:55 PM
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ALANJ
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This is not a continous loss. I believe two very different hurricanes hit Florida. Thus, the policy (controling document ie contract prevails). According to the contracts that I have read a deductible applies to each (occurance). This seems to be pretty simple. Two Hurricanes = Two deductibles.
Not alot to agrue with!
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RE: One Million Ivan-Frances-Charley Fla. Claims? - 9/19/2004 3:04:25 PM
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HannahMarie
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Laws, and their intent, are important so let's not argue, let's reason on things. Many people are about to go through some very trying times...
When Hurricane Charley created initial damage to a given property, and damage mitigation to a property has been impossible to perform due to Contractor labor shortages and etc. reasons, does additional environmentally generated damage to a property (via a Charley created structural opening), constitute a single on-going loss "occurrence" by proxy / extenuating circumstances?
or...
If Charley created an opening to a home-business, and the opening can not-has not been mitigated, is continuous (interior/exterior) damage per more rain-wind, etc. after that actually the fault of the Charley occurence?
or...
Can accumulative-sequential property damage loss actually be the fault of the Charley occurence, by proxy, because Charley overwhelmed the local reconstruction labor base?
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RE: One Million Ivan-Frances-Charley Fla. Claims? - 9/19/2004 3:16:56 PM
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JimF
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Post temporarily removed by Poster to review for compliance with the CADO website owner's guidelines to insure that generally accepted Free Speech provisions of law are not violated by exceptions to free speech recognized by American law, including obscenity, defamation, breach of the peace, incitement to crime, "fighting words" and sedition.
< Message edited by JimF -- 2/18/2006 2:53:56 AM >
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RE: One Million Ivan-Frances-Charley Fla. Claims? - 9/19/2004 3:41:35 PM
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HannahMarie
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Continuous damage to a property via initial unrepaired Charley damage could lead one to believe that the ongoing damage to a property would not happen if the Charley damage was not allowing for further damage...
In other words...Is the Charley occurrence-damage still allowing more mounting-continuous damage to be created...?
And for the record...
Of course adjusters don't determine if deductibles are paid...or not paid...
And yes...I understand the purpose of contracts...
I believe that continuous property damage caused-created-perpetuated by a single covered occurrence will be the issue. Florida's governing authorities will be contacted if necessary.
< Message edited by HannahMarie -- 9/20/2004 11:15:39 PM >
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RE: One Million Ivan-Frances-Charley Fla. Claims? - 9/19/2004 4:07:49 PM
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HannahMarie
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Government works best when supported by those it serves.
Adjuster-Contractor-Homeowner adults work together best when discussions concerning policyholders real world problems are not brushed aside...
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RE: One Million Ivan-Frances-Charley Fla. Claims? - 9/19/2004 4:25:55 PM
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JimF
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Post temporarily removed by Poster to review for compliance with the CADO website owner's guidelines to insure that generally accepted Free Speech provisions of law are not violated by exceptions to free speech recognized by American law, including obscenity, defamation, breach of the peace, incitement to crime, "fighting words" and sedition.
< Message edited by JimF -- 2/18/2006 2:54:54 AM >
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RE: One Million Ivan-Frances-Charley Fla. Claims? - 9/19/2004 5:09:36 PM
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HannahMarie
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No JimF, I'm standing up for what seems to be a long term rebuild-consumer centric situation.
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RE: One Million Ivan-Frances-Charley Fla. Claims? - 9/19/2004 6:26:27 PM
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Gale
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If Charley rips off my roof and Frances brought no damaging winds but 6” of rain and does additional damage I can see a case for the cause of the additional loss being the fault of Charley because had not Charley ripped off my roof there would have been no water damage from simply 6” of rain.
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RE: One Million Ivan-Frances-Charley Fla. Claims? - 9/20/2004 6:57:31 AM
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HannahMarie
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Gale,
I believe that that "continued loss" scenario is what a lot of policyholders are addressing now, and will be addressing in the months ahead.
JimF,
Interesting reply.
< Message edited by HannahMarie -- 9/20/2004 11:19:49 PM >
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RE: One Million Ivan-Frances-Charley Fla. Claims? - 9/20/2004 7:25:02 AM
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Tom_Toll
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Professionalism, lets all please display it. This is a time to help people and in turn we will receive our reward. Ivan damage is substantial and will open up in a week or so We should concentrate on being good at what we are doing and then move on. Whether we like remarks made by non professionals or not, lets move on and not display sarcasm or irritating remarks. I will delete sarcastic, meaningless remarks.
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RE: One Million Ivan-Frances-Charley Fla. Claims? - 9/20/2004 7:30:23 AM
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okclarryd
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Tom,
Wouldn't it be kinda neat if you could just delete those that are making the remarks??
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LARRY D HARDIN
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