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DISCLAIMER: All Blogs and Blog Posts written by, created by, edited by, reviewed by and published by the Owner, Editor or Designer, Jeff Weiss, Jeffrey M Weiss or Weiss, are just "opinions! There is absolutely no "legal" bases or claimed legal bases for any of the statements. These "Blogs" and "Stories" are posted only for the enlightenment of the readers. When actual names are used the Reader should verify all the statements before formulating an opinion of their own. Nothing in any of these Posts should be considered "FACT" until the reader has verified it for themselves. Those who Post a response or reply do it at their own peril and this Blog Post and its owners do not share in or carry any liability or responsibility for their comments.

New Insurance Exclusions for "Terrorism"

Here is a copy of an interesting article written by David Dybdahl, CPCU, ARM MBA Senior Consultant, American Risk Management Resources Network, LLC

The reason I post this is because of the recent "fire" that took place at the Big Bear California Cabin where it is believed that the ex-cop Dorner was held out.  At one point the news and or LAPD stated that Dorner was considered a domestic terrorist, thus my feeling that the carrier might consider denial of the fire claim?  What are your thoughts?
Terrorism and Mold are new exclusions in many HO policies, and it will be interesting to see if the carrier tries to use it.

Jeff

"New Insurance Exclusions for Terrorism and Mold
Create Unprecedented Levels of Uninsured
Risks for Property Managers, Property Owners and Lenders.
Or
Sorry We Forgot to Tell You…
By:  David Dybdahl, CPCU, ARM, MBA
Senior Consultant, American Risk Management Resources Network, LLC
Faced with rapidly increasing and unpredictable claims costs, the insurance industry has
over the past year methodically excluded insurance coverage for mold and domestic
terrorism losses on virtually all of the property and general liability insurance policies
sold in the US. The impact on the risk management community from either of these new
exclusions individually would be significant. Together they leave a broad cross section of
insurance buyers including property managers, property owners and lenders with
unprecedented levels of newly uninsured risks.
In light of the magnitude of these loss exposures, it is surprising how complacent
insurance buyers, insurance agents and lenders have been in dealing with them. One
reason for the complacency could be that it is very difficult for insurance consumers to
put these new sources of uninsured loss exposures into perspective.  Maybe insurance
consumers would have reacted differently to the unilateral changes in their insurance
coverage if the following cover letter had been sent out explaining the new mold and
terrorism exclusions."




DISCLAIMER: All Blogs and Blog Posts written by, created by, edited by, reviewed by and published by the Owner, Editor or Designer, Jeff Weiss, Jeffrey M Weiss or Weiss, are just "opinions! There is absolutely no "legal" bases or claimed legal bases for any of the statements. These "Blogs" and "Stories" are posted only for the enlightenment of the readers. When actual names are used the Reader should verify all the statements before formulating an opinion of their own. Nothing in any of these Posts should be considered "FACT" until the reader has verified it for themselves. Those who Post a response or reply do it at their own peril and this Blog Post and its owners do not share in or carry any liability or responsibility for their comments.

"DID I DO THAT?"

I’m sure most of you remember the phrase “Did I do that?” by the TV character Steve Eurkel!  If not it centers around “responsibility” and of course “liability.”  In essence whenever there is an accident, someone or something caused it!  Trick is trying to figure it out especially when you were not there and are just gathering information from the various people involved.

There is now a way you can put your cell phone on your vehicle dash and record a 30 minute loop of the activities in front of you.  This has been designed as an App to help in the apprehension of potentially drunk drivers that you might see in front of you while driving.  With this, law enforcement will have a much better chance of securing a DUI conviction if that is the case.  On the other hand, I think that all vehicles should have this running at all times, not just for potential DUI’s, but in the event you are involved in a vehicle accident.  Just think how much better your case will be, that is if you are not at fault, if you have it recorded.  Also another plus would be to see the condition of the vehicle in front of you that you just rear ended before the collision.  How many times do people who have been rear ended say there was no prior damage to their vehicle.

As to fault, one carrier I worked for used the DBCD method for determining liability.

D for duty

B for breach of that duty

C for casual connection  

D for damages

What duty or obligation did the drivers have just prior to the accident?

Did any driver breach that duty?

What was the casual connection between the duty and the breach of that duty that contributed to the accident?

What were the damages?

Simple scenario would be a vehicle backing out of a parking space, versus a vehicle passing behind it.  Both have duties, and in this case what would they be and who has the greater duty.  Of course the person backing up has the greater duty to be sure the road way is clear.  Yes the driver going behind has a duty to watch for cars backing up and also needs to maintain a safe speed.  However the greater duty and in the case of the collision would rest with the vehicle backing up. 

There was a duty, a breach of duty and a casual connection with damages that resulted!

Of course this is a very simply liability determination, and coming up will present you with some more complex situations.

“Did I do that?” by

Frank Rogers

DISCLAIMER: All Blogs and Blog Posts written by, created by, edited by, reviewed by and published by the Owner, Editor or Designer, Jeff Weiss, Jeffrey M Weiss or Weiss, are just "opinions! There is absolutely no "legal" bases or claimed legal bases for any of the statements. These "Blogs" and "Stories" are posted only for the enlightenment of the readers. When actual names are used the Reader should verify all the statements before formulating an opinion of their own. Nothing in any of these Posts should be considered "FACT" until the reader has verified it for themselves. Those who Post a response or reply do it at their own peril and this Blog Post and its owners do not share in or carry any liability or responsibility for their comments.

So you want to be an Adjuster?

Not sure if anyone actually sets out in life to become an Insurance Adjuster!  During my early days in High School and College (60’s and 70’s) I don’t recall any classes or topics or discussions about that particular career path.  Yes there were courses designed for those that wanted to sell insurance or possibly do Risk Management, but again don’t recall any specifics about becoming an Adjuster.

Fast forward to mid 70’s when I working in sales and contemplating marriage, and then came along a company that replaced Electronic Equipment and Tools (Craftsman) for one of the big carriers.  As I was in sales, they offered me a job which was my introduction to adjusters and claims adjusting.  Next thing I know I’m sitting behind a desk handling first party property claims.  The company did send me to a two week training course where it seemed socializing was more important than actually learning how to adjust a claim.  In particular was this one guy from New York that did not seem to be interested in learning anything about adjusting.  When I asked him why he was not actively involved in the studies his reply was that he would use the “contractor” who not only wrote the estimates for him, but would put the most cash in his pocket.  Interesting way to handle claims, and little did I know that this was more the “norm” for adjusters, mostly those in the field even to this day!

Another interesting side note was that most of the Managers in the 70’s and 80’s could be found during the Christmas Holidays in the parking lot picking up their cases of alcohol and turkeys from the various vendors.  Even into the late 90’s I recall one contractor that would leave envelops with cash in his office top drawer and on Fridays adjusters would come by and pick them up.  Maybe this is why there were never any legitimate adjuster courses.  Like a person getting introduced to low level drugs, and then moving up the drug ladder until you were finally addicted.  Bottom line was that you could take two paths in becoming an “adjuster.”  The one path would be the adjuster that actually did their job, took the classes and was not only looking out for the best interest of the company, but making the insured or claimant whole after the loss.  Than of course there was the path to riches, or at least perceived riches, which reminds me of the claims manager that had a swimming pool put in his home at a much reduced price.

So you want to be an adjuster?

Frank Rogers

DISCLAIMER: All Blogs and Blog Posts written by, created by, edited by, reviewed by and published by the Owner, Editor or Designer, Jeff Weiss, Jeffrey M Weiss or Weiss, are just "opinions! There is absolutely no "legal" bases or claimed legal bases for any of the statements. These "Blogs" and "Stories" are posted only for the enlightenment of the readers. When actual names are used the Reader should verify all the statements before formulating an opinion of their own. Nothing in any of these Posts should be considered "FACT" until the reader has verified it for themselves. Those who Post a response or reply do it at their own peril and this Blog Post and its owners do not share in or carry any liability or responsibility for their comments.