RESPONDING TO LARGE LOSS
CLAIMS
A claims, expert, and counsel
perspective
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Claim Example #1
The Marina Fire
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Vessel Fire Spreads to Multiple Yachts at Miami Beach Marina
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• Over $5 million in total damage
• 5 yachts burned- 3 were constructive
total loss
• PD to the marina
• Personal injury to occupants
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Claim Example #1
• You receive notice from your insured
immediately following loss
• Your insured is the primary cause of the loss &
causes additional loss to third parties
• Your team controls the majority of the scene
& leads all inspections
• Potential liability & potential recovery
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• Perform preliminary non-destructive inspection:
• Conduct interviews. What was damaged? What work was performed by my
insured prior to the reported incidents
• Preserve the evidence:
• (e.g. Wrapping, transporting, & storing)
• Identify and place all parties involved on notice:
• Propose/Confirm inspection of evidence dates to all parties involved.
• Establish protocol for joint inspection:
• Include date, start/end time, location, number of days and agreed upon rules.
• Confirm protocol with all parties.
• Confirm Laboratory work (X-rays, SEM, ultrasound)
• Conduct inspection and reiterate ground rules.
• Maintain inspection’s pace unless there are objections. Secure evidence after
inspection until further notice. Report observations to client.
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Claim Example #2
The Fuel Farm Fire
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Sudden Pump Line Explosion Causes Massive Jet Fuel Fire
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• $6 million in PD
• 70,000 lost Grade A Jet Fuel
• 162 cancelled flights
• Over $20 million in business
interruption claimed
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Claim Example #2
• You receive notice from another party after
passage of some time
• Your insured likely “nominal party”
• Not immediate cause of loss, but may have
collateral contribution
• Your team does not control the scene
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• Find out what was damaged and what work was performed
by my insured prior to the reported incident
• Review the protocol that was sent out and address any issues
I may have with the wording
• Confirm my attendance and attend the joint inspection of
evidence. Gather as much information as possible
• Determine who the other parties are and try to obtain
information from them
• Request a list of the items that were collected as evidence
• Request that part of the evidence be retained/secured if it
will help in my investigation.
• Be careful not to reveal your findings to the other parties
• Report observations to the client or write a report
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Crane Collapse at Port of Jacksonville
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CLM Atlanta 2013_v2

  • 1.
    RESPONDING TO LARGELOSS CLAIMS A claims, expert, and counsel perspective
  • 2.
  • 3.
    www.theclm.org Vessel Fire Spreadsto Multiple Yachts at Miami Beach Marina
  • 4.
    www.theclm.org • Over $5million in total damage • 5 yachts burned- 3 were constructive total loss • PD to the marina • Personal injury to occupants
  • 5.
    www.theclm.org Claim Example #1 •You receive notice from your insured immediately following loss • Your insured is the primary cause of the loss & causes additional loss to third parties • Your team controls the majority of the scene & leads all inspections • Potential liability & potential recovery
  • 6.
    www.theclm.org • Perform preliminarynon-destructive inspection: • Conduct interviews. What was damaged? What work was performed by my insured prior to the reported incidents • Preserve the evidence: • (e.g. Wrapping, transporting, & storing) • Identify and place all parties involved on notice: • Propose/Confirm inspection of evidence dates to all parties involved. • Establish protocol for joint inspection: • Include date, start/end time, location, number of days and agreed upon rules. • Confirm protocol with all parties. • Confirm Laboratory work (X-rays, SEM, ultrasound) • Conduct inspection and reiterate ground rules. • Maintain inspection’s pace unless there are objections. Secure evidence after inspection until further notice. Report observations to client.
  • 7.
  • 8.
    www.theclm.org Sudden Pump LineExplosion Causes Massive Jet Fuel Fire
  • 9.
    www.theclm.org • $6 millionin PD • 70,000 lost Grade A Jet Fuel • 162 cancelled flights • Over $20 million in business interruption claimed
  • 10.
    www.theclm.org Claim Example #2 •You receive notice from another party after passage of some time • Your insured likely “nominal party” • Not immediate cause of loss, but may have collateral contribution • Your team does not control the scene
  • 11.
    www.theclm.org • Find outwhat was damaged and what work was performed by my insured prior to the reported incident • Review the protocol that was sent out and address any issues I may have with the wording • Confirm my attendance and attend the joint inspection of evidence. Gather as much information as possible • Determine who the other parties are and try to obtain information from them • Request a list of the items that were collected as evidence • Request that part of the evidence be retained/secured if it will help in my investigation. • Be careful not to reveal your findings to the other parties • Report observations to the client or write a report
  • 12.
  • 13.