• Installation Floaters? I Still Don’t Own a Boat!
    Jan 14 2025

    In our last podcast, thieves cut into a job site and stole a variety of tools, equipment, and materials. The general contractor had hired a subcontractor to install the plumbing system. Copper piping to be installed at the job site and owned by the sub were also stolen.

    Notable Timestamps

    [ 00:45 ] - Last week's scenario is expanded to discuss the impact on subcontractors.

    [ 01:50 ] - The PLRB crew discusses inside jobs, boats, and gap coverage.

    [ 02:50 ] - Subcontractors more often prefer Installation Floaters as opposed to Builders Risk.

    [ 04:00 ] - The Installation Floater form generally covers materials, fixtures, and equipment that will become a permanent part of the completed project.

    [ 05:30 ] - The coverage typically ends once the items are installed. So, these copper pipes would be covered under an installation floater.

    [ 08:00 ] - Despite the name "floater," waterborne equipment is specifically excluded. Unless Mike opens up a seafood restaurant with some unusual decor...

    [ 09:13 ] - The Contractors Equipment form covers mobile machinery used by a contractor or subcontractor as part of their construction work.

    [ 10:50 ] - The Motor Truck Cargo form provides coverage for the cargo or goods being transported by a trucking or freight transportation company: the risks associated with transportation.

    [ 12:32 ] - The trucking company might be liable for the panels because they were on their truck, but they might be covered under their Motor Truck Cargo coverage, depending on its delivery status.

    [ 13:30 ] - Jeff provides a recap of the scenario and the points above.

    [ 16:20 ] - A very special (and hopefully temporary) farewell to PLRB's longtime podcast host, Alissha Watley!

    Your PLRB Resources

    Inland Marine – Prop. Q&A 187 - https://www.plrb.org/documents/inland-marine-prop-qa-187/

    Discussion of the definition of equipment and machinery - PLRB, Commercial Property Forms Annot. Key CP941 - https://www.plrb.org/legacy-documents?DN=46384

    Installation Floater Coverage - https://www.plrb.org/documents/installation-floater-coverage/

    Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company.

    Subscribe to this Podcast

    Your Podcast App - Please subscribe and rate us on your favorite podcast app

    YouTube - Please like and subscribe at @plrb

    LinkedIN - Please follow at “Property and Liability Resource Bureau”

    Send us your Scenario!

    Please reach out to us with your scenario! This could be your “adjuster story” sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.

    Legal Information

    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.

    Music: “Piece of Future” by Keyframe_Audio. Pixabay. Pixabay License.
    Font: Metropolis by Chris Simpson. SIL OFL 1.1.
    Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription).
    Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

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    19 mins
  • Inland Marine? I Don’t Even Own a Boat!
    Jan 7 2025

    Thieves cut through a fence to access the insured general contractor's job site’s and stole tools, a forklift, a pallet of marble tiles, and a truck loaded with precast concrete wall panels.

    Notable Timestamps

    [ 00:30 ] - The insured finds out that these losses are not covered under their standard CP forms.

    [ 01:45 ] - The team discusses impressive thieves, the defintion of a CP policy, New Year's Resolutions, and vision boards.

    [ 05:13 ] - The CP/BPP form generally applies while the property is on or within 100 feet of the premises described in the policy’s declarations. The job site is not the insured's listed place of business.

    [ 07:05 ]- A Property Off Premises Coverage Extension exists, but applies only to property that is temporarily at a location the insured does not own, lease or operate.

    [ 07:45 ] - Here, GC’s marble tiles and precast panels were not temporarily at the job site – they were going to be permanently installed there.

    [ 08:30 ] - GC arguably “operated” the jobsite, as it had control over the site, including access etc.

    [ 09:20 ] - The coverage extension also contains an exclusion for property in or on a vehicle, so that applies to eliminate coverage for the panels on the truck.

    [ 09:40 ] - GC could have protected this property via Inland Marine Insurance.

    [ 10:20 ] - Originally, “marine” insurance policies were written when virtually all commercial goods were transported by boat. However, due largely to the development of railroads, marine insurance was extended to provide “warehouse to warehouse” coverage.

    [ 11:04 ] - While there are a number of inland marine forms, the most common are Builders Risk, Installation Floater, Contractors Equipment, and Motor Truck Cargo Liability.

    [ 12:10 ] - Builder’s risk insurance covers buildings and other structures during the course of construction, including materials and supplies that will become a permanent part of the buildings or the structures, while on the jobsite or on the way to the jobsite.

    [ 14:10 ] - Under the claim scenario here, the pallet of marble tiles and precast concrete wall panels would be covered, but not the the generators, concrete saw, or forklift, since they are not materials or supplies.

    [ 15:10 ] - Jeff provides a recap of the scenario and the points above.

    Your PLRB Resources

    Inland Marine – Prop. Q&A 187 - https://www.plrb.org/documents/inland-marine-prop-qa-187/

    Form – AAIS IM 7050 09 08 – Builders Risk - https://www.plrb.org/documents/form-aais-im-7050-09-08-builders-risk/

    Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company.

    Subscribe to this Podcast

    Your Podcast App - Please subscribe and rate us on your favorite podcast app

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    LinkedIN - Please follow at “Property and Liability Resource Bureau”

    Send us your Scenario!

    Please reach out to us with your scenario! This could be your “adjuster story” sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.

    Legal Information

    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.

    Music: “Piece of Future” by Keyframe_Audio. Pixabay. Pixabay License.
    Font: Metropolis by Chris Simpson. SIL OFL 1.1.
    Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription).
    Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

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    18 mins
  • [REPLAY] The Coverage Contrarian: CGL Coverage for Engine Servicing and Workmanship
    Dec 31 2024

    For the next two weeks over the holidays, we’re going to feature some excellent podcasts from before we rebranded as “What’s the Scenario? with PLRB.” These segments were called “The Coverage Contrarian,” and they featured PLRB coverage attorneys Michele Hunter, Eric Friedmann, and Frank Gagliardi as they argued vociferously about coverage issues big and small. This week, we’ll explore the scenario of an insured repair business that repaired a valve on a large boat so poorly that the whole engine was damaged. Let’s listen in.

    Key Takeaways

    1. The critical inquiry in a defective or faulty workmanship case is, the scope of the insured's agreed upon, contracted work.

    2. Under the majority view, the damage to the engine would likely be considered damage to other property, because the insured was not hired to work on the whole engine itself.

    3. Under the minority view, working on an interconnected part of an engine would be considered working on the engine as a whole.

    Your PLRB Resources

    PLRB on Demand (Classic Podcast Episodes) - https://www.plrb.org/education/education-resources/?general_index%5BrefinementList%5D%5Blms_type%5D%5B0%5D=Podcast&general_index%5BsortBy%5D=general_index%3Apublished_on%3Aasc

    Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company.

    Subscribe to this Podcast

    Your Podcast App - Please subscribe and rate us on your favorite podcast app

    YouTube - Please like and subscribe at @plrb

    LinkedIN - Please follow at “Property and Liability Resource Bureau”

    Send us your Scenario!

    Please reach out to us with your scenario! This could be your “adjuster story” sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.

    Legal Information

    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.

    Music: “Piece of Future” by Keyframe_Audio. Pixabay. Pixabay License.
    Font: Metropolis by Chris Simpson. SIL OFL 1.1.
    Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription).
    Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

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    23 mins
  • [REPLAY] The Coverage Contrarian: E-Bike Coverage Under a Homeowners Policy
    Dec 24 2024

    For the next two weeks over the holidays, we’re going to feature some excellent podcasts from before we rebranded as “What’s the Scenario? with PLRB.” These segments were called “The Coverage Contrarian,” and they featured PLRB coverage attorneys Michele Hunter, Eric Friedmann, and Frank Gagliardi as they argued vociferously about coverage issues big and small. This week, we’ll explore the scenario of an e-bike slamming into a tree.

    Key Takeaways

    1. In any coverage issue involving an E-Bike, the first step is to consider the jurisdiction you're in, and whether that particular state excludes E-Bikes from its definition of "motor vehicle."

    2. If an E-Bike is not considered a "motor vehicle," there is no coverage, and no reason to consider the motor vehicle exclusion.

    3. And the second EQUALLY IMPORTANT step is to see whether the particular Homeowners policy has coverage for "motorized vehicles" or "recreational motor vehicles." Because then, there may be coverage for an E-Bike accident on the insured premises or for a rented E-Bike.

    Your PLRB Resources

    PLRB on Demand (Classic Podcast Episodes) - https://www.plrb.org/education/education-resources/?general_index%5BrefinementList%5D%5Blms_type%5D%5B0%5D=Podcast&general_index%5BsortBy%5D=general_index%3Apublished_on%3Aasc

    Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company.

    Subscribe to this Podcast

    Your Podcast App - Please subscribe and rate us on your favorite podcast app

    YouTube - Please like and subscribe at @plrb

    LinkedIN - Please follow at “Property and Liability Resource Bureau”

    Send us your Scenario!

    Please reach out to us with your scenario! This could be your “adjuster story” sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.

    Legal Information

    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.

    Music: “Piece of Future” by Keyframe_Audio. Pixabay. Pixabay License.
    Font: Metropolis by Chris Simpson. SIL OFL 1.1.
    Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription).
    Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

    Show More Show Less
    19 mins
  • There's a Gap in My Roof!
    Dec 17 2024

    The insured's roof will need to be replaced. Upon removal of the asphalt shingles, the roofing contractor finds that the existing roof deck has gaps. Now, the contractor is requesting removal of the existing spaced sheathing and installation of new half-inch OSB.

    Notable Timestamps

    [ 00:30 ] - The scenario concerns the devastation that followed Hurricane Helene.

    [ 01:15 ] - Mike shares a story about getting stranded up on a roof, and Rosen shares his childhood shenanigans.

    [ 03:49 ] - A riddle: What kind of house is fully enclosed but it has no roof?

    [ 06:00 ] - The deck holds the roof covering. In some cases it can be boards, and spaced decking or skip sheathing is where there is a "skip" between each panel.

    [ 07:00 ] - Spaced sheathing is most common with coverings made from wood, e.g. cedar shake wood shingles, to provide ventilation to prevent improper curing and bending.

    [ 07:14 ] - Spaced sheathing is not compatible with asphalt shingles.

    [ 08:20 ] - The issues arise when cedar shake is covered with asphalt shingle, but then a storm requires removal of the shingle & shake.

    [ 09:20 ] - Some contractors propose removing all the sheathing, but a three-eighth inch overlay can be installed over the spaced sheathing.

    [ 11:10 ] - Without some small gap between the planks, seasonal changes would cause expansion and contraction that lead to bowing. Gaps that are too large can lead to nails not being attached to anything securing it.

    [ 13:30 ] - The industry consensus seems to prefer gaps between one-eighth inch and one-quarter inch.

    [ 14:25 ] - There's a misconception that planked sheathing cannot be used with asphalt shingles, but IRC R803.1 disagrees.

    [ 15:40 ] - Rosen provides a recap of the scenario and the points above.

    Your PLRB Resources

    Recorded Webinar: Asphalt Shingle Roofs: Top 10 Code Questions - https://www.plrb.org/courses/asphalt-shingle-roofs-top-10-code-questions/

    Clickable Diagram: Residential Roof Toolkit - https://www.plrb.org/building-codes/building-component/#roof_toolkit

    Spaced Sheathing Does the Deck Need to be Replaced - https://www.plrb.org/documents/sheathing-spaced-sheathing-does-the-deck-need-to-be-replaced/?search=sheathing%20gap

    Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company.

    Subscribe to this Podcast

    Your Podcast App - Please subscribe and rate us on your favorite podcast app

    YouTube - Please like and subscribe at @plrb

    LinkedIN - Please follow at “Property and Liability Resource Bureau”

    Send us your Scenario!

    Please reach out to us with your scenario! This could be your “adjuster story” sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.

    Legal Information

    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.

    Music: “Piece of Future” by Keyframe_Audio. Pixabay. Pixabay License.
    Font: Metropolis by Chris Simpson. SIL OFL 1.1.
    Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription).
    Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

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    19 mins
  • Will Insurance Pay for the Minibar?
    Dec 10 2024

    The named insured's home underwent a total loss. The insured wants coverage for a place to stay while his home is being rebuilt. The insured wants to know the scope of Loss of Use coverage, and exactly how many bags of M&Ms he can snag from the minibar.

    Notable Timestamps

    [ 00:25 ] - The insured also lives with his girlfriend, which may come into play later.

    [ 01:00 ] - Are minibars even a thing anymore?

    [ 02:23 ] - ALE is triggered when the insured premises is unfit to live in, and applies to any necessary increase in living expenses incurred to maintain its normal standard of living.

    [ 03:50 ] - “Expenses” could include house rental, meals, drink, tips, transportation, heating, lighting, laundry, etc., but the insured must be able to show an increase in expenses.

    [ 04:37 ] - ALE is not intended to cover a shortfall in personal property coverage.

    [ 05:30 ] - ALE is analogous to Extra Expense under commercial policies, but Extra Expense can be more expansive.

    [ 06:40 ] - Is alcohol a daily expense? ALE can include laundry, restaurants and tips, etc. if it can be shown the expense is more than normal.

    [ 07:40 ] - The live-in girlfriend would be considered a member of his household, but ALE only applies to the insured's additional expenses.

    [ 09:30 ] - In 2022, ISO added some language to allow ALE to cover expenses by residents of the household who are relatives or dependents.

    [ 10:55 ] - The girlfriend may have to prove her residency.

    [ 12:10 ] - ALE only applies when there is a covered cause of loss.

    [ 13:10 ] - If the home is only partially fit to live in, an insured can still incur ALE. If the kitchen is uninhabitable, ALE may cover restaurants.

    [ 14:30 ] - If a guest's visit was planned pre-loss, the insured's expenses for the guest may be covered.

    [ 16:30 ] - Pet boarding expenses are also likely included in ALE expenses.

    [ 17:35 ] - John provides a recap of the scenario and the points above.

    Your PLRB Resources

    PLRB, Homeowners Annot. Key HO37 - https://www.plrb.org/legacy-documents?DN=77

    Adjuster Resource Sheet: ALE Claims - https://www.plrb.org/documents/adjuster-resource-sheet-ale-claims/

    ALE or FRV: Insured Decides to Stay on Premises in Cottage But Loses Rent from Current Tenants - PCQ.2024.03.22.slc.a - https://www.plrb.org/documents/ale-or-frv-insured-decides-to-stay-on-premises-in-cottage-but-loses-rent-from-current-tenants-pcq-2024-03-22-slc-a/

    Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company.

    Subscribe to this Podcast

    Your Podcast App - Please subscribe and rate us on your favorite podcast app

    YouTube - Please like and subscribe at @plrb

    LinkedIN - Please follow at “Property and Liability Resource Bureau”

    Send us your Scenario!

    Please reach out to us with your scenario! This could be your “adjuster story” sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.

    Legal Information

    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.

    Music: “Piece of Future” by Keyframe_Audio. Pixabay. Pixabay License.
    Font: Metropolis by Chris Simpson. SIL OFL 1.1.
    Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription).
    Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

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    21 mins
  • Getting Mileage Out of That (Insurance Claim)
    Dec 3 2024

    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

    Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company.

    Subscribe to this Podcast

    Your Podcast App - Please subscribe and rate us on your favorite podcast app

    YouTube - Please like and subscribe at @plrb

    LinkedIN - Please follow at “Property and Liability Resource Bureau”

    Send us your Scenario!

    Please reach out to us with your scenario! This could be your “adjuster story” sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.

    Legal Information

    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.

    Music: “Piece of Future” by Keyframe_Audio. Pixabay. Pixabay License.
    Font: Metropolis by Chris Simpson. SIL OFL 1.1.
    Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription).
    Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

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    19 mins
  • Anti-Concurrent Air Conditioning?
    Nov 26 2024

    Cassie and her neighbor were constantly on each other's nerves. One night, the neighbor snuck onto Cassie's property and jammed a stick into the A/C condenser fan blades out of spite, causing the mechanicals on the unit to break down.

    Notable Timestamps

    [ 00:29 ] - The adjuster's manager points out the exclusion for mechanical breakdown, prefaced by anti-concurrent causation language. The adjuster still feels this loss was in the nature of a vandalism loss and should be covered.

    [ 01:45 ] - Trivia question! What sitting US Senator was assaulted by his neighbor while mowing his lawn?

    [ 02:45 ] - Mike & Brennan get into their history of neighbor feuds and doggie disputes...

    [ 04:04 ] - The "Anti-Concurrent Causation" preface deals with the multiple causation problem. The default approach is to determine which cause is dominant or proximate, but where a policy has the "Anti-Concurrent Causation" preface, that's not the approach.

    [ 05:35 ] - Tim pulls the policy out of his pocket and reads that exclusions that follow the A.C.C. preface are excluded "regardless of any other cause..."

    [ 07:00 ] - In four jurisdictions (AL, CA, WA, WV), the A.C.C. preface is disregarded.

    [ 07:40 ] - There is an argument to be made that mechanical breakdown is in the chain of events, and therefore the exclusion applies regardless of the vandalism cause.

    [ 09:11 ] - An insurance company can choose to draft their policy this way and exclude this loss.

    [ 10:44 ] - Usually when you think mechanical breakdown, you think of a machine reaching the end of its life, wearing out, as opposed to sudden damage.

    [ 11:23 ] - It is very rare to see the mechanical breakdown exclusion paired with the A.C.C. preface, likely due to this unintuitive situation. The A.C.C. preface is usually intended for exclusions more subject to misapplication, such as flood.

    [ 12:55 ] - The way this policy is drafted, any time a machine breaks down it would eliminate coverage... even during a fire? Would a court uphold that?

    [ 13:30 ] - Tim provides a recap of the scenario and the points above.

    Your PLRB Resources

    Mechanical Breakdown Exclusion and the Anti-concurrent Causation Preface – PCQ.2024.09.26.twh.a - https://www.plrb.org/documents/mechanical-breakdown-exclusion-and-the-anti-concurrent-causation-preface-pcq-2024-09-26-twh-a/

    PLRB, Homeowners Annot. Key – Mechanical Breakdown, Latent Defect, Inherent Vice (HO129) - https://www.plrb.org/documents/mechanical-breakdown-latent-defect-inherent-vice-ho129/

    Anti-Concurrent Causation Preface (HO78) Annotation - https://www.plrb.org/documents/anti-concurrent-causation-preface-ho78/

    Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company.

    Subscribe to this Podcast

    Your Podcast App - Please subscribe and rate us on your favorite podcast app

    YouTube - Please like and subscribe at @plrb

    LinkedIN - Please follow at “Property and Liability Resource Bureau”

    Send us your Scenario!

    Please reach out to us with your scenario! This could be your “adjuster story” sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.

    Legal Information

    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.

    Music: “Piece of Future” by Keyframe_Audio. Pixabay. Pixabay License.
    Font: Metropolis by Chris Simpson. SIL OFL 1.1.
    Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription).
    Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

    Show More Show Less
    16 mins