Can Policyholders Trust Insurance Company Retained Experts? | Property Insurance Coverage Law Blog

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A multibillion-dollar trade has developed round insurance coverage firm claims distributors. Engineering and consulting companies doing work for the insurance coverage trade are actually their very own big-dollar trade. There is loads of competitors amongst these “consultants” prepared to please and maintain insurance coverage firm accounts. While the insurance coverage adjusters and insurance coverage corporations are topic to regulation, most of those distributors reply to no person apart from the insurance coverage claims departments. Those claims departments are actually dependent upon them for reviews and opinions about each side of a property insurance coverage loss.

This difficulty was forefront in my thoughts as I learn an skilled rebuttal report from the case I posted about yesterday, Travelers Guilty of Bad Faith and Loses $27 Million Verdict Over Smoke, Soot, and Ash Dispute. Daniel M. Baxter wrote, partially

In different phrases, the sampling technique chosen by Gallagher Bassett (wipe sampling) of OSB board (a porous floor), ought to by no means have been utilized in [the] first place. This creates a second downside, particularly for the evaluation of aciniform soot particles as described beneath.

As described above, there are trade accepted Optical Microscopy strategies for the evaluation of fireplace associated combustion mud, asbestos, and mildew. The most present and definitive strategies for the characterization of fireplace associated combustion supplies (together with aciniform soot, Char, Ash, and indicator particles) are supplied within the April, 2018 AIHA Technical Guide for Wildfire Impact Assessments for the OEHS Professional. Gallagher Bassett and the RJ Lee Group are apparently counting on the ‘ASTM Method D6602 – 13 method ‘Standard Practice for Sampling and Testing of Possible Carbon Black Fugitive Emissions or Other Environmental Particulate, or Both‘ as the sole basis of their combustion definitions and testing procedures. The ASTM TEM testing method and its’ [sic] fire-related particle definitions are insufficient for the correct classification of construction hearth associated particles.

According to Gallagher Bassett report and images 1-20 proven in Appendix 2, the wipe samples had been collected from the OSB board on the ‘exterior’ aspect of the perimeter wall and never the inside cavity-side of the fiberglass insulation or round inside penetrations the place the soot-forming fuels would seemingly condense. As a end result, their sampled areas didn’t precisely symbolize the very best potential for wall cavity contamination.

How do insurance coverage firm adjusters consider their specialists who don’t completely check behind the partitions and in cavities of a constructing topic smoke, soot, and ash following a fireplace? How would a typical policyholder know that the insurance coverage firm specialists are doing low cost and unacceptable work? Do policyholders have to rent their very own specialists simply to fight the insurance coverage firm consultants?

These questions and this difficulty are a serious plague upon policyholders. Policyholders merely can’t belief the opinions of most insurance coverage firm claims consultants. These consultants market to insurance coverage firm claims division with tales about “saving” the insurance coverage firm cash. They are in mattress with insurance coverage firm claims departments that merely need causes and extra leverage to barter the quantity in any other case owed on claims. 

I’ve written about this systemic insurance coverage firm vendor downside earlier than in Are Baseless and Outcome Oriented Engineering Opinions the Normal State of Affairs in Property Insurance Investigation? and Unethical Claims Cultures Promote Outcome Oriented Expert Reports.

Are you concerned in a fireplace declare the place the difficulty of cleansing the smoke, soot, and ash is at difficulty? I might recommend you learn this skilled rebuttal report to realize perception into how insurance coverage firm hearth loss consultants do sub-par work and sometimes underestimate the quantity of injury.  

Thought For The Day

A second opinion by no means hurts, not solely in medication, but in addition in politics.

—Sergei Lavrov

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