Category: Insurance Problems

Roof is one of those parts of the house which is susceptible to damage than any other portion of the house simply because it is an open area. From vagaries of weather to the nests of the birds, the roof needs a thorough investigation in regular intervals.

 However, you may have to appoint the services of Roof Repair Mississauga after the winter season when snowfall occurs regularly or incessant rainfall. There are a few rood problems that can occur at any time and most of the time, you may have to seek the help of emergency Roofing Repairs Mississauga to resolve these issues.

Common roof problems

No matter what the type of roof it is in your house, leaks are bound to occur for which you need fitting solutions from professional service providers. Although there may be several causes of this problem, you have to appoint the services of roof repair Mississauga to know the reasons. Take a quick look at the following points.

Problems in installation

One of the major problems that can affect your roof is improper work during installation. If you do not hire the services of professional service providers that are reliable during the construction of the roof, the chances of problems are likely to increase in future. Read the following points.

Appointing the right services

When it comes to Roof Repair Mississauga, you have to take care to appoint the services of agencies that offer credible and cost-effective solutions to repair and maintain the roof.

When you have a property, one of the first things that you thing about is insuring the property. This is one of the best ways to offset any risks that are associated with the property damage. There are a couple of ways that the property can be damaged. The worst part is that the dame will most likely occur when you least expect it. Property claim damage will help reduce the stress associated with the loss. So when and how does one file for such damage. There are several situations that may lead to the filling of such damage. One instance is if there was a flood and your property was destroyed. The vehicle that you are travelling n may have been hit by another vehicle. You can also file if there was a fire or even if there was a burglary. These are some of the common scenarios that can lead to filling of the property damage.

If the damage was to a vehicle, the first thing you have to do is call the police. You need to file a police report for the incident that took place. After you have done this, you need to make sure that you get down all the details of the destruction. It is also wise to consider the weather condition at that point in time. You have to make sure to write this down as well. Taking photographs is highly recommended as they serve as evidence. This will help to accelerate the process of getting the claim paid. After you have done all this, you need to call the insurance company. You have to call your insurance company as well as the company of the other driver. Notify them of the incident at hand. You need to make sure that you are given a rental car for the time being. This will help you move around as the claim is being settled. The insurance company will have an adjuster come look at the situation and the payment processing will start. The best part about this sort of property damage claim is that it takes a short time to be resolved.

If the damage was on your home, the first thing you need to do is move the other property from the damage. This will help to save the property that has not been affected from being damaged. After you have done this, you need to take an inventory of the property that has been damaged. You need to write down the cost of the property and make an estimate of the cost of damage. In this way the insurance company will have an idea of what they think they owe you. After you have done this and filed a claim, it would be wise to look for a place to stay in the meantime. The process may take a longer time than you would have anticipated. This is the where the services of an insurance adjuster come in handy. We have the best adjusters that can help ease this process for you.

Coronavirus Insurance Coverage Update—Politicians Becoming Involved

Whenever there is a big enough crisis, representatives in a democracy can be expected to respond to the needs of the people. While we could never get any needed legislation passed in New Jersey following Superstorm Sandy regarding wrongful claims conduct by insurance companies, the New Jersey Legislature now has pending legislation that would outlaw exclusions to the coronavirus.

I am not a constitutional lawyer, but I have passed more bar examinations than most lawyers. One of the basic constitutional questions on bar examinations concerns concepts that governments cannot change our personal contracts regarding performance after the fact. While there are some notable exceptions to this general rule, it would be a strange world if we could have elected officials change our currently existing private deals with new legislation.

Accordingly, if this pending legislation ever becomes law, do not bet the farm on collecting. If such a law came into being, future property contracts could prohibit the exclusion of virus or pandemic attacks, but companies could refuse to sell the insurance or raise premiums so high, few would purchase the product.

There are also coronavirus proclamations by elected officials closing and preventing access business to include words to the effect that one of the reasons for the orders shutting down or preventing people from going to a business is because the virus damages the property. This type of language could give rise to loss by Civil Authority claims. I will write more on this concept, but a very good discussion of this coverage is found in IRMI’s article, When Civil Authorities Take Over, Are You Covered?

I have heard that there has been some talk proposing that if the government would pass laws that would reimburse the insurance companies for any claims made under this coverage, the carriers would certainly adjust and pay these claims. I have not seen the actual proposed legislation, but with all the other stimulus programs just being started, anything is possible. It would certainly keep accountants and adjusters employed and provide some limited relief for those shut down by civil authority.

The coronavirus lawsuit filed by John Houghtaling has had a few of our readers asking questions. One is—what is the policy language? Houghtaling has been kind enough to forward a copy of that policy¹ to me.

Insurance coverage guru Bill Wilson wrote an article, Does Business Income Insurance Cover Government-Ordered Business Shutdowns?

He noted the following in response to a question about a shutdown being covered by “Ordinance or Law” coverage:

Ordinance or Law coverage involves rebuilding a damaged property. Perhaps you’re thinking of coverage for short-term closures under the policy coverage for Order of Civil Authority?

You still need a covered peril.

A closing in response to an order based on avoiding a disease is not a covered peril, at least under ISO standard forms. In fact, since 2006, ISO has had a virus exclusion endorsement, the CP 01 40 – Exclusion for Loss Due To Virus Or Bacteria.

As some of you may remember, one of my fellow sailing competitor’s boat sank in our race to Honolulu last year. John Sangmeister survived that calamity, but his fantastic waterfront restaurant is now sinking as well. With his permission, I wanted to paraphrase some of the optimistic views this gentleman made to me. He recounted the various difficulties prior generations of his family had gone through. He remarked how wonderful a country America is because we are the bread-basket of the world and as a person in the food business, he assured me that we have more food stored away and ready for sale than anywhere else in the world. But, “we just lack enough teamster truck drivers to repack the entire store each day.” He expressed that fear is our biggest enemy and that we will find ways to overcome these new challenges as well.

Thanks to everybody who purchased my new book Pay Up! This is no joke, Pay Up! has become the new number one bestseller under that thrilling, sexy and fun genre of “business insurance.”

Thought For The Day

If I panic, everyone else panics.
—Kobe Bryant
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¹ Ordinance or Law Endorsement begins on page 102 of the attached policy.

Published at Thu, 19 Mar 2020 15:39:58 +0000

Southeast Insurance Regulators Issue Industry Guidance for Coronavirus Outbreak

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Published at Fri, 20 Mar 2020 08:00:47 +0000

Coronavirus Insurance Coverage Update—The ISO Circular Regarding the Virus Exclusion

This morning’s post, Coronavirus Insurance Coverage Update—United Policyholders Says Do Not Give Up While Georgia Insurance Commissioner Suggests Do Not Waste Your Time, suggests that the proper procedure for determining coverage is to first read the insurance policy. Many of the policies sent to me so far have an ISO exclusion regarding loss due to virus or bacteria.

The ISO issued a Circular accompanying this endorsement. It can be helpful so others can understand the intent of the ISO for the exclusion. While I suggest that those interested in this topic read the full Circular, it states in part:

The current pollution exclusion in property policies encompasses contamination (in fact, uses the term contaminant in addition to other terminology). Although the pollution exclusion addresses contamination broadly, viral and bacterial contamination are specific types that appear to warrant particular attention at this point in time.

An example of bacterial contamination of a product is the growth of listeria bacteria in milk. In this example, bacteria develop and multiply due in part to inherent qualities in the property itself. Some other examples of viral and bacterial contaminants are rotavirus, SARS, influenza (such as avian flu), legionella and anthrax. The universe of disease-causing organisms is always in evolution.

Disease-causing agents may render a product impure (change its quality or substance), or enable the spread of disease by their presence on interior building surfaces or the surfaces of personal property. When disease-causing viral or bacterial contamination occurs, potential claims involve the cost of replacement of property (for example, the milk), cost of decontamination (for example, interior building surfaces), and business interruption (time element) losses.

Although building and personal property could arguably become contaminated (often temporarily) by such viruses and bacteria, the nature of the property itself would have a bearing on whether there is actual property damage. An allegation of property damage may be a point of disagreement in a particular case. In addition, pollution exclusions are at times narrowly applied by certain courts. In recent years, ISO has filed exclusions to address specific exposures relating to contaminating or harmful substances. Examples are the mold exclusion in property and liability policies and the liability exclusion addressing silica dust. Such exclusions enable elaboration of the specific exposure and thereby can reduce the likelihood of claim disputes and litigation.

While property policies have not been a source of recovery for losses involving contamination by disease-causing agents, the specter of pandemic or hitherto unorthodox transmission of infectious material raises the concern that insurers employing such policies may face claims in which there are efforts to expand coverage and to create sources of recovery for such losses, contrary to policy intent.

In light of these concerns, we are presenting an exclusion relating to contamination by disease-causing viruses or bacteria or other disease-causing microorganisms.

My coverage opinion is that this coronavirus causes property damage. I will discuss this in future blogs and some of the cases insurance companies and their attorneys will rely upon.

What has to be of concern to those whose policies contain this exclusionary language is that the circular infers that the ISO intended to exclude loss by virus and notes the “specter of pandemic” as something insurance carriers want to make certain there are not “efforts to expand coverage.”

It should be noted that the first coronavirus lawsuit, which was filed by attorney John Houghtaling, has a policy without this ISO virus exclusion.

Friday Afternoon Thought

The problem with writing a book in verse is, to be successful, it has to sound like you knocked it off on a rainy Friday afternoon. It has to sound easy. When you can do it, it helps tremendously because it’s a thing that forces kids to read on. You have this unconsummated feeling if you stop.
—Dr. Seuss

Published at Fri, 20 Mar 2020 18:28:53 +0000

For years, homeowners have had siding contractors install various
kinds of exterior materials, including cedar, vinyl and fiber cement, on
their homes in order to protect their houses from the elements and give
the exterior an attractive appearance. In recent years, however, there
are have been increasing concerns about whether the materials used on
the outside of residential buildings can withstand the dangers of fire
or high temperatures. A few decades ago, most manufacturers had never
had to handle a damage claim from heat because it almost never happened.
In recent years, however, high energy windows that reflect and
concentrate sunlight have increasingly damaged the siding on neighboring
homes. An increase in lost homes due to wildfires in the west have also
led to some fire departments recommending that homeowners choose
non-combustible materials for their exteriors.

Cedar Siding Is Highly Flammable

The
natural look of cedar shakes is very popular for homes across the
country and is particularly popular in areas where the great outdoors
are appreciated. Unfortunately, while cedar seems like an excellent
material that looks great on cabins and country homes, it is also the
perfect tinder for a blaze. So much so that a house with a cedar
exterior can burst into flames during a forest fire before flames from
neighboring trees or structures actually touch the house. More
surprising is rising evidence that reflected light from concentrated
sources such as the glass roof of a sunroom or a low-e skylight can
actually burn the cedar planks, leaving scorch marks or causing a slow,
smoldering burn that can lead to serious damage.

The Perils Of A Vinyl Clad Home

Although
vinyl siding manufacturers have developed their products to withstand
even the highest environmental temperatures, most of these PVC-based
products can’t survive temperatures as low as 165° Fahrenheit. To put
this in perspective, consider the many ways an exterior wall can be
exposed to this temperature – having your grille or a fire pit too close
to an exterior wall, a fire in a neighboring house or even reflections
off of neighboring windows.

There is a tell-tale pattern to the
melting and distortion caused by reflected heat from windows. If your
vinyl siding has a pattern of warping or melting across one or more
sides that seems to slowly creep at a diagonal up the wall, it’s
probably “thermal distortion,” the industry’s name for damage caused by
reflected heat. Unfortunately, rather than developing a way for vinyl to
withstand higher heat, manufacturers are now adding an exclusion in
their warranties that means they won’t have to replace or repair
materials affected by thermal distortion. Be sure to ask the siding
contractors in your area if they have experienced this phenomenon and
how the manufacturer handled those situations.

Fiber Cement – The Siding Of The Future

Although
fiber cement closely mimics the traditional beauty of real wood, it has
advantages that mean you’ll never have to worry about fire damage.
Because it is made of Portland cement, sand and silica, it is almost
impossible to damage it with heat or fire. Fiber cement can withstand
the incredibly high heat of being next to a house engulfed in flames
without warping, melting or igniting. In some areas, fire departments
are beginning to demand that homeowners use fiber cement for new
construction in order to reduce the spread of wildfires in at-risk
communities. You’ll never have to cope with the serious damage that can
be caused by incidental damage from melting of your siding because the
heat tolerance is so high on fiber cement. Siding contractors can vouch
for its durability and strength as well as its beauty and practicality.

If
you want to protect your home from fire or heat damage, it’s best to
have siding contractors install fiber cement on your home’s interior.
Relying on your vinyl manufacturer or installer to pay a claim for heat
damage isn’t realistic considering the many companies that have chosen
to exclude these issues from their warranty coverage, unlike fiber
cement manufacturers who are standing behind their products with
impressive warranties.

President Signs Coronavirus Aid Package with Paid Sick Leave, Free Testing

President TrumpDonald John TrumpOn The Money: McConnell introduces third coronavirus relief proposal | Democrats seek bigger stimulus with less aid for business | Washington scrambles to prevent unemployment spike Hillicon Valley: Twitter targets coronavirus misinformation | Facebook bans sanitizer, virus test ads to prevent price gouging | DHS defines critical jobs during outbreak | Remote working apps surge Overnight Defense: ‘Tens of thousands’ of National Guard troops could be activated for coronavirus response | Hospital ships could take week to deploy | Trump says military to help Americans stuck in Peru MORE on Wednesday signed into law a multibillion-dollar emergency aid package aimed at helping Americans impacted by the coronavirus.

The House-passed measure was approved by the Senate earlier Wednesday and includes provisions offering paid leave benefits for Americans, bolstered unemployment benefits and free diagnostic testing for the virus.

“The [Families First Coronavirus Response Act] makes emergency supplemental appropriations and other changes to law to help the Nation respond to the coronavirus outbreak,” Trump said in a statement Wednesday evening announcing he had signed the bill. 

The bipartisan bill, which is the product of days of negotiations last week between Treasury Secretary Steven MnuchinSteven Terner MnuchinSenate GOP plan provides massive tax-relief, loans for business Overnight Energy: Trump prepares to buy 30M barrels of oil amid industry slump | Coronavirus offers reprieve from air pollution | Energy regulators split on delaying actions amid outbreak GOP plan provides ,200 in cash assistance amid coronavirus MORE and House Speaker Nancy PelosiNancy PelosiDemocratic leaders criticize GOP stimulus bill as too pro-business House Democrats eyeing much broader Phase 3 stimulus Frustration mounts at Trump’s reluctance to use emergency production powers MORE (D-Calif.), is the second such legislative package passed by Congress to address the COVID-19 outbreak.

Trump endorsed the legislation on Friday before it was passed in a late-night vote in the House. The lower chamber approved technical corrections to the bill in a vote late Monday, and the Senate passed it in a 90-8 vote Wednesday afternoon. A handful of Republican senators voted against the legislation.

The bill’s signing comes as the Trump administration is negotiating with Senate Republicans on an economic stimulus package to assist small businesses, American workers and specific sectors such as the airline industry impacted by the coronavirus. The White House has proposed a $1 trillion stimulus package, which would include sending direct cash payments to Americans.

The coronavirus has infected more than 7,000 Americans, forced restaurants and other businesses to close, and caused airlines to significantly cut back on flights in recent days.

Trump last week declared a national emergency over the virus and on Monday recommended that Americans avoid restaurants and bars, cut back on unnecessary travel, and restrict gatherings to 10 or fewer people over the next few weeks as the federal government tries to mitigate the spread of COVID-19.

Published at Thu, 19 Mar 2020 00:25:29 +0000