Photo ID App - Nov

Tags - Popular | FAQ  

PrevPrev Go to previous topic
NextNext Go to next topic
Last Post 07/14/2010 1:14 PM by  TexasThorp
Hazmat for the upcoming Hurricane Season
 13 Replies
Sort:
You are not authorized to post a reply.
Author Messages
wstj
Member
Member
Posts:35


--
05/16/2010 6:00 PM
    I'm curious about the effect of the recent oil spill,(leak), on the upcoming hurricane season with respect to training. The introduction of oil into the storm surge is going to make an already difficult task considerably worse. And I wounder about whether each adjuster will be required to go through some sort of hazmat training. The EPA will surely be all over it. Would such training be handled at the storm site or would it make sense to be proactive and attend a class, somewhere? And where might that be. Your thoughts
    0
    ALANJ
    Member
    Member
    Posts:142


    --
    05/16/2010 10:19 PM
    Is there any coverage for oil?
    What about the new EPA lead regulations that went into effect for home built before 1978?
    0
    wstj
    Member
    Member
    Posts:35


    --
    05/16/2010 10:52 PM
    I don't know if it would be covered or no. I would guess in most cases it would not or at least the carrier would initally say no. But a wide spread contamination would be required to be cleaned up by the EPA so if the carrier didn't it may be on BP to pay for it. Someone would have to pay for it and it may years before it is settled
    0
    CatAdjusterX
    Veteran Member
    Veteran Member
    Posts:964


    --
    06/07/2010 8:17 PM
    Posted By ALANJ on 16 May 2010 10:19 PM
    Is there any coverage for oil?
    What about the new EPA lead regulations that went into effect for home built before 1978?


    Whether or not there will be coverage from the oil itself is irrellevent as these structures will still be damaged from either wind and/or storm surge, adjusters will still be dealing with a hazardous site, whether they are told to ignore the oil damage in relation to a covered peril , they will still be in close proximity to a known carcinogen and must trained and certified in hazmat operations( IE HAZWOPER24/HAZWOPER40/HSEREH004) IMHO
     
    Robby Robinson 
    "A good leader leads..... ..... but a great leader is followed !!" CatAdjusterX@gmail.com
    0
    WILLIS
    Member
    Member
    Posts:97


    --
    06/10/2010 11:29 AM
    Should a Hurricane hit the Gulf   if predictions hold true there may be many  the wind and tidal surge is going to move globs of oil deeper on shore. If the wind lifts the oil then it will be sprayed on everything.  I have heard rumblings from several large carriers they would be open to the wind damages but might consider the "oil spill" a pollution hazard and either outright deny that part or severly limit what they would pay.  Disposing of the oil could be a hazmat issue  If and when this occurs it will be one huge mess.
     
    0
    fgkcarp
    Guest
    Guest
    Posts:1


    --
    06/10/2010 2:03 PM
    Aside from the fact that it is OIL, wouldn't the clean-up be covered under "debris removal"?
     
    0
    Ray Hall
    Senior Member
    Senior Member
    Posts:2443


    --
    06/11/2010 12:09 PM
    trees lawns and plants are excepted property for windstorm. If the oil globs are on the siding from wind alone it should be cleaned off and repainted, just like like large globs of brown pelican poop caught in the wind. (something I have not seen in my entire career). Treat oil that is deposted on insured property just like you do mold, clean it off and paint or throw the unclean material in the dumpster headed for the trash pile. What happens if the hurricane winds depost sperm whale poop on the siding, cean it off. No I do do not know the code or the unit price, call Orem Utah, they know everthing or Blackmon mooring.
    0
    RandyC
    Member
    Member
    Posts:197


    --
    06/11/2010 2:36 PM
    Oil seeping into property or carried by the wind as smog or whatever might be pollution, but if it was carried by a named peril, wouldn't the proximate cause be the named peril rather than the oil? If the wind blows pieces of broken roof tile into a property, the peril is wind...not broken tile. Right?
    0
    TexasJim
    Guest
    Guest
    Posts:4


    --
    06/11/2010 9:08 PM
    The first coverage consideration may be whether or not the crude oil, a naturally occuring substance, is a "pollutant". If it is considered a pollutant and the policy excludes damage due to pollutants, you may nou have coverage for cleaning it off structures or additional costs for debris removal. When you can separate damage caused by a covered peril from that of an excluded peril, the damage due to the excluded peril is probably not covered. Even though the wind carries the oil to the building, the damage is due to the oil: not the wind, unless there is direct wind damage to the building.

    Another very significant issue will be ALE claims in personal lines and business income claims in commercial. Don't be surprised if some of these claims are handled differently in different states, especially Louisiana, due insurance department decisions.

    As far as debris removal goes, most policies only cover removal of "covered property" damaged by a covered peril. That would not include removal of oil by itself.

    Lawyers already have a two day conference set up in Atlanta to discuss oil spill litigation and insurance claims. I'm sure that there will be training available for adjusters as the situation developes.
    0
    Ray Hall
    Senior Member
    Senior Member
    Posts:2443


    --
    06/12/2010 11:07 AM
    When NFIP rules the removal of diesel  or heating oil is part of a flood loss that was brought in  by the flood waters, why would wind carriers try to say it was not brought in by wind and did direct  damage if it did. I t don,t think the oil haze on the dwelling that you can not see, but has contaminated the house and may cause injuries to the occupants health, WILL EVER GET OFF THE GROUND, like mold did 1999-2003
    0
    WILLIS
    Member
    Member
    Posts:97


    --
    06/12/2010 11:46 AM
    I am not looking forward to working Flood or Wind  with a house coated in oil especially since exposure could be a serious health issue not to mention having to wear clothing and boots to keep it off me. Add to that about 90+ degree heat and humidity then it is brutal    I have seen this stuff it is worse than melted chocolate and not easy to wash off.  I really do not want it all over my vehicle just getting to a loss.  I have worked with carriers that will at least limit the payout exposure damage due to oil.  It will happen and it will not be simple. 
    0
    RandyC
    Member
    Member
    Posts:197


    --
    06/12/2010 1:43 PM
    I agree with Ray. First cause would be explosion, then wind (or flood). Seems oil would be pollution unless the"migration" or "dispersal" of it was from named peril.

    From HO 00 03 10 00

    Sec I A 2. We do not insure, however, for loss: c. Caused by: (6) Any of the following:

    (e) Discharge, dispersal, seepage, migration, release or escape of pollutants unless the discharge, dispersal, seepage, migration, release or escape is itself caused by a Peril Insured Against named under Coverage C.

    Subrogation would be a big issue, I would think.
    0
    TexasJim
    Guest
    Guest
    Posts:4


    --
    06/20/2010 10:11 PM
    If you are working flood claims, damage due to oil in the floodwater will be covered.
     
    I have not worked personal lines in over ten years, so my comments will apply to commercial policies.
     
    Even though crude oil is a naturally occurring substance, it is considered a pollutant for purposes of exclusions and coverages.  In some commercial policies, the issue of it being excluded or not may depend on the cause of the dispersal.  If it was due to a "specified cause of loss" the exclusion may not apply.
     
    Most coverages for removal of pollutants only cover removal from land or water.  If the building is damaged by wind, the presence of the oil may increase the debris removal cost, but will not change the fact that the cause of loss was wind.  An issue that may come up with debris removal involving oil contamination is the 25% debris removal limit in ISO policies.  That clause normally does not have any affect on overall payment, but if hazardous materials such as asbestos and oil cause increased removal expenses, the debris removal payment could be capped.  Also, the debris removal coverage only applies to removal of covered property damaged by a covered cause of loss, so removal of oil by itself would not be included in debris removal.
     
    A significant issue with oil spill claims will be that of business income, which has to be triggered by damage caused by a covered peril which causes suspension of operations.  Oil on the beach may cause a loss of income, but that loss will not be covered because it did not cause the hotel or restaurant located on the beach to suspend operations.  If oil is involved in a suspension of operations, the business income period of restoration will probably also be extended if special debris removal procedures are required and may exceed policy dollar limits or time limits.
     
    BP is covering oil spill income losses, but it remains to be seen if BP or the federal government will or can assist with hurricane claims involving oil contamination.There is a class being held in the Dallas area dealing with business income losses during this hurricane season, including those involving oil spill issues.  See www.essentialclaimstraining.com for details.
     
    Environmental policies are a whole different situation, but most commercial property claims will involve forms like those issued by ISO.  I'm watching for EPA and/or OSHA regulations regarding claims handling.  The best case scenario will be safety information without regulation.  I hate to say this, but if the government gets involved with claims handling,we'll probably see more regulation than valuable information.
    0
    TexasThorp
    Guest
    Guest
    Posts:1


    --
    07/14/2010 1:14 PM
    I have my HAZEWOPER 40, OSHA 10 and BP Mod 3 just in case.
    0
    You are not authorized to post a reply.


    These Forums are dedicated to discussion of Claims Adjusting.

    For the benefit of the community and to protect the integrity of the ecosystem, please observe the following posting guidelines: 
    • No Advertising. 
    • No vendor trolling / poaching. If someone posts about a vendor issue, allow the vendor or others to respond. Any post that looks like trolling / poaching will be removed.
    • No Flaming or Trolling.
    • No Profanity, Racism, or Prejudice.
    • Terms of Use Apply

      Site Moderators have the final word on approving / removing a thread or post or comment.