The insured landlord spent considerable expense driving back and forth to the loss site in order to check on the contractors and make sure the building repairs were going smoothly. The insured submits their mileage to the adjuster for reimbursement.
Notable Timestamps
[ 00:30 ] - The team celebrates the fiftieth episode! Sort of.
[ 01:38 ] - In this scenario, the insured requests payment for driving back and forth to the loss site, which was his decision.
[ 03:34 ] - Can we find coverage here? We can try three avenues...
[ 04:11 ] - First, it's not really part of the building repair (and therefore replacement cost) unless the insured was assisting in the repair.
[ 05:25 ] - Second, it doesn't really fall under Extra Expense because he is not attempting to reduce the Period of Restoration.
[ 06:50 ] - Third, it doesn't qualify as an attempt to prevent further damages.
[ 07:40 ] - Another consequential loss scenario: The insured discovers their passport is stolen! The insured must travel to obtain a new one, and wants payment for that travel.
[ 08:40 ] - Likely, yes; it's required to replace her lost contents.
[ 09:15 ] - Can she take a helicopter? A reasonableness standard would likely apply.
[ 10:15 ] - A trophy deer head is damaged, and would like the cost of a hunting trip to replace it himself. But, sentimental value is not part of ACV.
[ 13:00 ] - A customer in Japan opened a cattle hide that had been shipped internationally, and discovered water damage. The insured who sent the hides flew to Japan to maintain the customer's good will, and wants that plane ticket reimbursed.
[ 14:30 ] - It seems to fall under Extra Expense, yet in this claim the insured's business did not shut down, so business income does not apply. The court argued that the damage to the reputation was consequential damage and not covered.
[ 16:30 ] - Tim provides a recap of the scenario and the points above.
Your PLRB Resources
PLRB, Indirect Losses Or Expenses - https://www.plrb.org/documents/indirect-losses-or-expenses/
Death – Does A.L.E. Apply to Representative and Family Members While Repairs Are Ongoing? PCQ.2020.10.08.jch.a - https://www.plrb.org/documents/death-does-a-l-e-apply-to-representative-and-family-members-while-repairs-are-ongoing-pcq-2020-10-08-jch-a/
ALE for Mileage to Visit Hospital - in Additional Living Expenses (HO37) Annotation - https://www.plrb.org/documents/additional-living-expenses-ho37/#toc47
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The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate.
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