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My Cheesecakes Spoiled After A Windstorm-- or a Windy Storm?

What's the Scenario? with PLRB

Release Date: 05/06/2025

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What's the Scenario? with PLRB

John, a self-employed trucker, injures himself fixing his rig “Betsy” (1st PIP claim). Later, he’s hurt again when a mechanic’s shuttle van crashes (2nd PIP claim). Two accidents, two PIP claims—one while working, one as a passenger—make for a rough day.   Notable Timestamps [ 00:17 ] - John has two injury claims in Michigan: a slip and fall while working on his truck (Injury 1) and being rearended while a passenger in a mechanic's shuttle van (Injury 2). [ 01:02 ] - Michigan was once the most expensive state for car insurance but has fallen to the sixth most expensive...

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What's the Scenario? with PLRB

A windstorm-caused power outage at the Cheesecake Manufactory led to the spoilage of hundreds of cheesecakes and a business income loss. The adjuster is questioning if the windstorm deductible applies to the claim, despite the power outage being the direct cause of the spoilage.   Notable Timestamps [ 00:00 ] - The scenario presented involves a windstorm that caused a power outage, leading to spoiled cheesecakes and a claim for spoilage and lost business income, raising the central question of whether the windstorm deductible applies given the chain of events. [ 01:30 ] - Trivia: Where...

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My Cheesecakes Spoiled After A Windstorm-- or a Windy Storm? show art My Cheesecakes Spoiled After A Windstorm-- or a Windy Storm?

What's the Scenario? with PLRB

A windstorm knocks over a power line, causing hundreds of cheesecakes at a local restaurant to spoil. The owners have to close for a few days as they manufacture more. Their adjuster wants to know how to investigate the storm and power outage.   Notable Timestamps [ 00:20 ] - The loss of desserts is always tragic, even lemon merengue. [ 01:00 ] - Trivia: Which variety of cheesecake contains "quark"? Or should we say "Weißkäse"? [ 01:50 ] - PLRB.org features a Weather and Catastrophe hub designed for insurance professionals and not for cat enthusiasts. [ 02:17 ] - Users can get a full...

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In the middle of the night, a burglar broke into the policyholder’s house. Nearby police arrived, and the suspect was apprehended. Debbie filed a claim for the police’s bullet holes in her house and cleanup of heating oil spilled when a bullet hit the tank.   Notable Timestamps [ 00:15 ] - The bullet holes were all from police guns. 150 gallons of heating oil spilled in the basement. [ 01:40 ] - Heating oil tanks are most commonly found in what region of the United States? [ 03:30 ] - Tim reads through the Pollutants exclusion. Heating oil is most likely going to be considered a...

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More Episodes

A windstorm knocks over a power line, causing hundreds of cheesecakes at a local restaurant to spoil. The owners have to close for a few days as they manufacture more. Their adjuster wants to know how to investigate the storm and power outage.
 
Notable Timestamps

[ 00:20 ] - The loss of desserts is always tragic, even lemon merengue.

[ 01:00 ] - Trivia: Which variety of cheesecake contains "quark"? Or should we say "Weißkäse"?

[ 01:50 ] - PLRB.org features a Weather and Catastrophe hub designed for insurance professionals and not for cat enthusiasts.

[ 02:17 ] - Users can get a full weather/cat report from the historical weather section of the Weather and Cat hub by entering an address and date range.

[ 03:11 ] - A full weather/cat report provides data including hail, wind, precipitation, lightning probability, storm reports, and watches/warnings.

[ 04:15 ] - For this scenario, the report showed evidence of strong winds, such as a 72 or 73 mile per hour gust reported near the scenario's location in Waco, Texas.

[ 06:08 ] - The PLRB hub also offers a power outage report tool which uses data from power outage US and covers 80% of the United States.

[ 07:18 ] - The power outage report can show the location of outages near the address, indicating that power was out in the general area.

[ 08:13 ] - Both the full weather/cat report and the power outage report can be combined to provide evidence, in this scenario for example, that a storm  came through and knocked out power for the area.

[ 09:59 ] - Dylan provides a recap of the scenario and the points above.

Your PLRB Resources

Get a Full Weather/CAT Report (hail, wind, precipitation, more) - https://www.plrb.org/weather-cat/plrb-cat-data/

PLRB Catastrophe Services Launches New Power Outage Reports - https://www.plrb.org/documents/plrb-catastrophe-services-launches-new-power-outage-reports/?search=power%20outage%202025

Mankoff v. Privilege Underwriters Reciprocal Exch., No. 05-22-00963-CV, 2024 Tex. App. LEXIS 594 (Tex. App. 01/29/2024) (Court of Appeals of Texas, 5th District, applying TX law) [reviewed at PLRB, Prop. Ins. L. Rev. (2024)] - https://www.plrb.org/documents/mankoff-v-privilege-underwriters-reciprocal-exch-2024/?search=mankoff

Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company.

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Legal Information

The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate.

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