Forum Title: CIAK, general insurance question
Chuck, I?d like your take on a situation: As I stated in an earlier thread, we had a severe vandalI'm occur on a roof we were doing. We know who, at least from a collective POV, but have no proof. At the end of our work day, we loaded ladders, tools, etc. into the truck and came home. The roof was accessed by means unknown to us, but it was not by our equI'ment. All of the various roof areas were all damaged. Some roofs were complete, some not. The owner thinks we need to pay for the damages, and wants a new roof installed. We I'mediately called our insurance agent and he stated that he did not think our carrier would be liable, that it was a case of random vandalI'm and not a case of negligence on our part, and that the owner?s insurance should be contacted. Not completely satisfied, I contacted my adjuster for Cincinatti Insurance, and she reiterated the same, adding that unless our contract put such liability in our lap, she didn't see that we were responsible. She said ?This is sort of like saying if vandals broke into the church and painted graffiti on the walls, that we needed to pay for it because we were working there.? That made perfect sense to me. If we had left a key in the door, and That's how they gained access then we would be responsible. If we had left our ladders at the site and That's how they got on the roof, then we would be responsible. But That's not what happened. In Ohio, once we have affixed product to the structure, we cannot take it back for lack of payment. We must go through the courts for satisfaction. All of the materials that were damaged were completed roof products. Our contract reads in paragraph 10 ?Contractor accepts no liability to indemnify or hold Owner harmless for damages to persons or property, except those that are direct result of Contractor‚??s negligent error or omission which occur during performance of Contractor‚??s work.? In your professional opinion, as an adjuster for neither interested party, who?s responsibility is it to pay for the damages incurred?
Post By: JOHNNIE CHANDLER (Surprise, AZ), 02/19/2018