"Ensuing Loss" Made Clearer by April Panel Click on each
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"Ensuing Loss" Panel at April EBCA The April 11, 2007 luncheon meeting of the East Bay Claims Association featured a quality panel of claims professionals who addressed the issue of "Ensuing Loss" in Property Damage claims. Led by the venerable Kelly Taylor, of CSE Insurance, the panel included Dan Adams, with Golden Eagle Insurance, and Steve Tilghman, of Claims Professional Resources, representing the Independent Adjuster perspective. The trio had obviously spent a bit of time in preparation together, tag-teaming quite smoothly in covering their subject matter. Mr. Taylor led off with an overview of key terms and words that relate to ensuing loss. "Beyond the necessary risk of loss," he stated, "there first must be a damage occurrence." Emphasizing that the loss must be a "direct loss", Dan Adams interjected that it must also be an actual "physical loss". "An insured states that, because of the water damage in their home they had to cancel their trip to Hawaii," Adams offered up. "Can they claim the value of that trip? Of course not," he stated flatly. "Coverage is only for the repair of the physical damage that has occurred to the property," he said. Using a standard ISO Homeowners form as their benchmark, the panel discussed variations and customization many, of not most, carriers have made in writing their policies. However, Taylor was quick to point out that, by and large, carriers maintain consistency in their coverage variations. "They really don't want to stand out from the others," he stated. Steve Tilghman explained the difference between "resulting" and "ensuing" loss is that the "resulting" loss is immediate. "Ensuing" damage is something occurs "down the road" because of this initial damage. "Damage has to be covered, not precluded," he qualified. Adams then picked up on that to cite a personal loss experience for perspective, explaining a broken pipe claim he submitted on his own home. "The damage of the broken pipe was covered," he explained. "But," he continued, "there was ensuing loss damage in the bathroom, caused by the broken pipe. With a $1,000 deductible, the very nice plumbers were happy to fix it for a total of $998," he expressed with a raised eyebrow. This meeting extended the growing trend of large crowds at East Bay Claims luncheons, with over 70 people in attendance, and wide-spread adjuster representation. Please note that, following the May luncheon at the Radisson Dublin, EBCA meetings will move for the remainder of the calendar year up to Zio Fraedo's Restaurant at 611 Gregory Lane in Pleasant Hill.
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