Strange Claims from the Claims Journal
Every year as the fourth of July nears, Mike Rowe, State Auto Insurance Co. recalls an auto claim he handled a few years ago. The case involves an insured infatuated with fireworks. He loved them so much he spent a couple thousand dollars a year to shoot them off in his field. One year, the insured loaded the back of his truck with fireworks and began making his way home when he decided to smoke a cigarette. Upon finishing, he tossed the end of the cigarette out the window, but wind blew the butt into the truck bed igniting the fireworks. The truck sustained damage, Rowe however did not indicate whether the driver was injured.
Paul Clark, recalled a situation involving a company paying an annuity to an individual in India. A fingerprint found on the back of each check endorsed them. One day, an audit revealed the check recipient had lived well passed the average life span, triggering an investigation. To the investigators’ dismay, the annuity recipient had long since died. The family cut the index finger off the deceased and kept it conveniently in a jar to endorse the checks to keep them coming.
Sandi Quezada of Chino Hills, Calif. recalled an applicant suffering from back pain who became pregnant. The client filed a claim on the grounds the anti-inflammatory agent in her pain medication neutralized her birth control, resulting in the pregnancy. She hired an attorney and asked for all prenatal visits and delivery charges paid in full, along with daycare services and child support until the age of 18.
Subsequently all she got was a little bundle of joy by which to pass on her preeminent ethical dignity.
Retired claims manager for the now defunct General Rent-a-Car in South Florida, Jay Bach, recalled a claim from the late 1980s where a driver slid into a wall killing the passenger. Apparently the driver and passenger worked for the FBI, investigating local police. The mother of the deceased passenger’s son sued, but the FBI and local police refused to cooperate. The rental company’s investigation team discovered the car had even been bugged. Bach said his team’s investigations lead from South Florida to the Caribbean Islands, but never uncovered the details of the accident. He said the discovery documents were blacked out by the FBI. Despite a local judge in the case apparently expressing anger at the Bureau’s “deliberate attempt to thwart the truth,” the case settled out of court for an undisclosed amount. Bach said the son of the deceased, while riding his bike the day of the accident, witnessed the crash, but didn’t know his father was in the car and had passed.
A homeowners customer once requested coverage from Reiner Maurer, vice president, personal lines, United States Liability Insurance Group to pay for the loss of his stolen dentures. Confounded by the idea of someone stealing another person’s dentures, Maurer investigated further. He learned that not only had the insured witnessed the thef.
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1. Strange Claims from the Claims Journal
Every year as the fourth of July nears, Mike Rowe, State Auto
Insurance Co. recalls an auto claim he handled a few years ago.
The case involves an insured infatuated with fireworks. He
loved them so much he spent a couple thousand dollars a year to
shoot them off in his field. One year, the insured loaded the
back of his truck with fireworks and began making his way
home when he decided to smoke a cigarette. Upon finishing, he
tossed the end of the cigarette out the window, but wind blew
the butt into the truck bed igniting the fireworks. The truck
sustained damage, Rowe however did not indicate whether the
driver was injured.
Paul Clark, recalled a situation involving a company paying an
annuity to an individual in India. A fingerprint found on the
back of each check endorsed them. One day, an audit revealed
the check recipient had lived well passed the average life span,
triggering an investigation. To the investigators’ dismay, the
annuity recipient had long since died. The family cut the index
finger off the deceased and kept it conveniently in a jar to
endorse the checks to keep them coming.
Sandi Quezada of Chino Hills, Calif. recalled an applicant
suffering from back pain who became pregnant. The client filed
a claim on the grounds the anti-inflammatory agent in her pain
medication neutralized her birth control, resulting in the
pregnancy. She hired an attorney and asked for all prenatal
visits and delivery charges paid in full, along with daycare
services and child support until the age of 18.
Subsequently all she got was a little bundle of joy by which to
pass on her preeminent ethical dignity.
Retired claims manager for the now defunct General Rent-a-Car
2. in South Florida, Jay Bach, recalled a claim from the late 1980s
where a driver slid into a wall killing the passenger. Apparently
the driver and passenger worked for the FBI, investigating local
police. The mother of the deceased passenger’s son sued, but
the FBI and local police refused to cooperate. The rental
company’s investigation team discovered the car had even been
bugged. Bach said his team’s investigations lead from South
Florida to the Caribbean Islands, but never uncovered the
details of the accident. He said the discovery documents were
blacked out by the FBI. Despite a local judge in the case
apparently expressing anger at the Bureau’s “deliberate attempt
to thwart the truth,” the case settled out of court for an
undisclosed amount. Bach said the son of the deceased, while
riding his bike the day of the accident, witnessed the crash, but
didn’t know his father was in the car and had passed.
A homeowners customer once requested coverage from Reiner
Maurer, vice president, personal lines, United States Liability
Insurance Group to pay for the loss of his stolen dentures.
Confounded by the idea of someone stealing another person’s
dentures, Maurer investigated further. He learned that not only
had the insured witnessed the theft, but failed to file a police
report. The crime occurred on the beach in Atlantic City where
the insured vacationed. The insured sneezed to such a degree
that he blew his dentures out of his mouth and onto the sand,
triggering a hungry seagull to snatch it up, thinking it to be
food. Maurer ultimately declined the claim and suggested the
insured consider a products liability claim against the adhesive
cream company.
Claims Journal received a strange claim submission reflecting a
kitchen-fire claim. While home-fires commonly initiate claims,
the way this particular fire started might be unusual. The
insureds apparently moved a wall mirror into their kitchen
where they mounted it on an east wall. Then, after the insureds
left for the market, the sun shifted and the mirror began
3. reflecting sunlight onto a fake plant located on the other side of
the kitchen, igniting it. The fire quickly spread, causing
significant damage. The homeowner carrier paid for the losses.
Peter Crosa of Atlanta, Ga. received an assignment for lightning
damage to an insured’s ceiling and roof. While lightning stikes
on homes in Florida occur with relative regularity, what he
found resembled a science fiction movie set. Two oblong holes,
about 6 inches in diameter, burnt clean through the roof,
ceiling, floors, framing and all with no subsequent debris. Ever
play with a magnifying glass when you were a kid?
The scene conjured images of space aliens with lasers, but
Crosa settled with the insured on the basis of lightning damage.
Consumer advocate and owner of Pinnacle Insurance, Steve
Desino, had an insured call after returning from a week’s
vacation to a ruined living room rug. When Desino inquired as
to the cause of the loss, the insured said, when getting ready to
leave for his vacation, his toddler took his diaper off and
defecated on the rug, then rolled and crawled through it,
tracking it throughout the entire room.
The insured told Desino he had to leave it in the carpet during
the duration of his vacation because his wife was already in the
car, yelling at him to hurry or they would miss their flight.
Subsequently, he, “slapped a diaper on the kid and ran out the
door.”
A week later, the carpet was burned and ruined.
Desino had the insured report the incident as, “a sudden and
accidental discharge.”
The company paid $4,700 to re-carpet the entire first floor of
the residence.
===
Mike Dwyer, president, Sinclair-Dwyer and Co. recounted an
auto-medical payments claim filed by a woman due to injuries
sustained by her left breast.
The insured — apparently endowed enough — got caught in her
car door upon exiting. Making matters worse, the door locked
4. with her keys safely in her purse — out of reach.
Somehow she managed to flag down a Good Samaritan who got
her keys out of her purse and opened the door. Relishing in her
freedom, she found the strength to drive herself to the hospital.
She took a few stitches, however severe bruising made up the
majority of her injuries.
The carrier paid about $3,800 under auto med pay for the
emergency room visit and treatment.
The winner is, Joan E Quagenti, M.Ed., ITP
training/communications manager, account service and sales
operations, Blue Cross Blue Shield of Massachusetts.
Claims Journal’s strange claims contest culminated Friday with
Quagenti’s submission recounting a claim filed years ago when
she worked as a property/casualty underwriter. As matter of
course, she read a countless aggregate of claims sheets to revise
her on loss activity. In one instance, she read about an auto
repair shop owner who always brought his dog to work. One
day, while at the garage, a door inadvertently crashed down on
one of the dog’s legs. Later, in lieu of veterinary expenses, the
owner submitted a workers’ comp claim on behalf of the
company’s employed watchdog.
FIN 3610 General Insurance
Chapter 22 – Homeowners Insurance, Section I
Chapter 23 – Homeowners Insurance, Section II
Homeowners Insurance
Welcome back to the third portion of our course where we will
cover liability topics and some personal lines property topics as
well. You will note that Chapter 20 covers Section I of the
homeowners’ policy, and Chapter 21 covers Section II of the
homeowners’ policy.
While we are basically going to cover the HO-3 special form
homeowner’s policy, you need to be aware that there are several
other homeowner policies. Examine Exhibit Twenty on page 429
5. and you will see there are now six different homeowner
policies:
HO-2 basic form covers the dwelling, other structures, and
personal property on a named perils basis.
Homeowner Policy Section I
The homeowners’ policy is a great place to get introduced to
basic insurance terminology and learning your way around the
policies and how to understand the policy. The HO-3 is broken
down into two parts. It's fairly easy to look up specific losses or
specific issues that you may want to read more about. For
example, homeowner policy Section I provides four different
categories of coverages. These four coverages are: A- dwelling
coverage, B- other structures coverage, C- personal property
coverage, D-loss-of-use coverage. There are some other
coverages that will be included in these but those are the four
broad categories of coverages in Section I of the homeowners’
policy.
You will note dwelling coverage today covers the building
itself. Following through on page 432 you will see that the
dwelling includes any structure that is attached to that dwelling.
For example an attached garage would be covered under
coverage. If the garage was not physically attached to the actual
house, then that would be covered under coverage B as other
structures. As a former claims adjuster these sections of the
policy and the definitions within them were very important in
determining whether a loss was covered, and if so to what
extent was their coverage. You will see that under each of those
coverages in Section I, there are limits, as well as additional
special limits of liability. For example there's a $200 limit on
money within the home. This would include a coin collection or
just spare cash that you may hide under your mattress. There is
also a special event for the theft of jewelry up to $1500 on most
homeowner policies. You will also find a section entitled
property not covered and should read through the eleven
categories of property not covered there in this chapter. You
should recall what we said in Chapter 1 about what we need to
6. insert in a policy to prevent an insured from trying to make a
profit from having a loss. Most of these exclusions or limits are
for that purpose. There are other reasons for exclusions that are
discussed here as well.
Coverage D provides protection when the residence premises
cannot be used because of a covered loss. The amount of
additional insurance under this coverage is 30% of the amount
of insurance on the house itself, Coverage A.
If you keep going through the policy you will find that it's
organized very nicely. You have specific information for
coverage is A through D, then you have a section entitled
additional coverages which specify how much coverage there
would be if the fire department had to come to your home and
charged for that trip, but you would also find additional
coverages for things like trees shrubs and other plants, credit
card, electronic fund transfer card or excess device, forgery,
and counterfeit money. The section more clearly defines the
coverage that would be provided for these types of items.
You want next come to a section that describes the perils
insured. You'll also relate this to what we had in Chapter 1
regarding named peril versus all risk policies. It specifically
states in the section that for the house and other structures,
coverage A and B, the dwelling and other structures, are insured
against "direct physical loss to the property." This means that
direct physical loss is covered except if the loss is specifically
excluded. Thus, if a loss to the dwelling or other structure is not
excluded, the loss is covered under the policy. This is quite
simply the definition of an open peril policy.
A more lengthy discussion is provided on the coverage that
would apply toward personal property that is covered. Personal
property is covered on a named peril basis. The policy
compensates direct physical loss to personal property from this
perils discussed or named in the policy. This indicates that
coverage C is a named peril type of coverage. You will find a
lot of perils listed here under the section including fire,
lightning, wind storm, hail, explosion, aircraft, vehicle, smoke,
7. and theft. There are many other perils named for coverage C of
this policy.
The next segments of the homeowner policy includes a list of
exclusions and conditions. Keep in mind the homeowner policy
is divided into Section I and Section II. Different conditions
and exclusions will apply to each section. In the condition
section you will find more specific information on things such
as your duties after a loss, how a claim is settled, the appraisal
clause, and your mortgage clause. You might be interested in
reading in this section about how the mortgage clause is
designed to protect the mortgagee’s insurable interest. The
mortgagee is the bank or the holder of the loan on the house.
Many people are not aware that their lender has a key role and
has benefits in their homeowners’ policy. The laws have
changed to protect a mortgagee from the acts of the insured in
some cases.
As in all of these chapters, at the end you will find case
applications. The case applications for Chapter 20 are
exceptionally good! Look on page 448 and go through the
examples given of Jack and Jane and their homeowner policy.
Homeowners Policy Section II
The homeowner policy information is continued in Chapter 21.
While chapter 20 covered Section I of the homeowners’ policy,
Chapter 21 covers Section II, which only includes two
coverages, Coverage E and coverage F. These two coverages are
for personal liability, and medical payments to others. While
different limits might be available, a typical limit is $100,000.
As you will see in this chapter, some very interesting claims
may occur in coverage, as is itemized on page 455. Your
coverage if you would provide personal liability protection to
you, meaning that if I third-party made a claim against you, this
coverage could apply. Suppose your dog bites a small child,
Coverage E may apply. This is a very common type of
homeowner claim under Section II coverage. Also, if you're
burning leaves in your yard and accidentally set your neighbor’s
home on fire, Coverage E would apply. The big question that
8. always arises in class is what if someone is hurt in your home or
even worse, what if someone is drinking in your home and
leaves and causes an accident. These are the types of things for
which we all need to be very cautious and practice thorough risk
management! Coverage E would generally apply to these types
of situations, with some exclusions that are also noted in his
chapter.
There are numerous exclusions listed for coverage under
Section II and most of these you can see how directly they
result from our concern back in Chapter 1 again that no one
should be able to profit from having an insurance policy. Notice
there are exclusions for watercraft liability, aircraft liability,
and hovercraft liability, which would need to be covered under
their own policy. Most people do not have those types of
properties, therefore the average homeowner would prefer not
having to pay for that coverage when they do not own a
watercraft or an aircraft.
There are some additional coverages in Section II that are
discussed in this chapter as well. Those include coverages for
claims expenses, and one of my favorites, damage to property of
others. When I was a claims adjuster and there had been a small
loss to someone's property who wanted the insured to pay for,
often the insured would not feel it was his or her responsibility
to pay for the loss. I had one claim in which our insured went to
visit his neighbor and the door handle just fell off. Our insured
claimed he did not do anything to cause the damage. He said it
was loose and it already been broken. He did not want to have
to have his insurance company pay for his neighbor’s broken
door when he did not feel responsible for it. This damage to
property of others clause, what I like to call the good neighbor
clause, allowed me to give the neighbor A few hundred dollars
to fix the door with no liability admitted.
As you continue reading the chapter, pay careful attention to
this Section II conditions, many of which we discussed in an
earlier chapter, and typical endorsements that may be added to
the homeowner policy. A homeowner can tailor this policy to fit
32. Please remember that you must do your own work. Any
plagiarism will result in a grade of zero for all students
involved. Please use your own words even if you are using the
textbook for answers. Always provide a citation when a
reference is used.
1. The Section 1 property coverages provide different types of
coverages to an insured. For each of the following coverages,
briefly describe the type of coverage provided, and give an
example of a loss that would be covered.
a. Coverage A: Dwelling:
b. Coverage: Other Structures:
c. Coverage C: Personal Property:
d. Coverage D: Loss of Use:
e. Additional Coverages:
2. Briefly describe the special limits of liability that apply to
certain types of personal property. Why are these special limits
used?
3. List the major exclusions that are found in Section I of the
Homeowners 3 Policy.
4. Briefly describe the duties imposed on the insured under a
homeowners policy after a property loss occurs.
5. A home buyer may obtain a mortgage loan to purchase a
house. Explain briefly how the mortgage clause protects the
insurable interest of the lending institution (mortgagee).
6. Briefly explain the personal liability coverage (Coverage E)
in Section II of the homeowners policy and provide an example
of a loss.
7. With regard to medical payments to others (Coverage F) in
Section II of the homeowners policy:
33. a. Briefly explain the coverage that is provided.
b. Identify the people who are covered for medical payments.
c. Provide an example of a loss under Coverage F.
8. List the major exclusions that apply to personal liability
(Coverage E) and medical payments to others (Coverage F) in
the homeowners policy.
9. Indicate whether the following losses are covered under
Section II of the homeowners policy. Assume there are no
special endorsements. Explain your answers.
a. The named insured’s dog bites a neighbor’s child and also
chews up the neighbor’s coat.
b. A son living at home accidentally injures another player
while playing softball.
c. A guest slips on a waxed kitchen floor and breaks an arm.
d. A neighbor’s child falls off a swing in the named insured’s
yard and breaks an arm.
e. The named insured accidentally falls on an icy sidewalk and
breaks a leg.
f. While driving to the supermarket, the named insured injures
another motorist with the automobile.
g. A ward of the court, age 10, in the care of an insured,
deliberately breaks a neighbor’s window.
h. The named insured paints houses for a living. A can of paint
accidentally spills onto a customer’s roof and discolors it.
i. The named insured falls asleep while smoking a cigarette in a
rented hotel room, and the room is badly damaged by the fire.
j. The named insured borrows a camera, and it is stolen from a
motel room while the insured is on vacation.