Panel Overview

You are the adjuster for the insurer that has coverage for the building and premises. A three-story apartment building at the insured location caught fire, the local volunteer fire department responded, extinguished the fire, and their investigation determined the cause to be a tenant smoking cigarettes in a 3rd floor unit. There are damages alleged by the tenants for bodily injury and property damage. The loss is reported to the property insurer and the tenant’s liability insurer. Your initial investigation found that the fire department’s investigation was very limited and once on site, you realized the conclusions didn’t match the fire scene. You recognize the policy has both first party property damages and liability damages to resolve. Now you need to evaluate coverage, start thinking about subrogation, figure out the damages, assemble your winning team of consulting experts and counsel, and find out what really happened.

Outline

1. Introduction

2. Introduction to the Claim

3. A Review of Coverage: First-Party and Third Party Liability Claims?

4. First-Party: Handling the Property Claim

5. Third-Party: Who’s Responsible? The Insured, the Homeowner, or the Subcontractors?

6. The Winning Team: Assembling your consulting experts, specialist, and attorney(s)

7. Recovery

8. Lessons Learned/Takeaways

9. Conclusion & Questions

Key Issues

1. The Investigation of origin and cause, identifying witnesses, damages, and liability.

2. Coverage investigations for first- and third-party damages.

3. Assembling a Winning Team of consulting experts and counsel.

4. Understanding the types of recovery – Conventional/Contractual, Equitable/Legal, and Statutory.

5. Assessing the Damages – Assembling the Winning Team.

6. Recognizing and Resolving Coverage issues – The apartment owner, the property manager, the tenant, who else?

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