Libsyn Directory

The Police Shot My Heating Oil Tank (and a Burglar)

Release Date: 04/01/2025

The CLEAR Approach to Difficult Conversations

What's the Scenario? with PLRB

Mia is a mid-level claims specialist with about five years’ experience in the job. One afternoon, she gets a call from a customer named James. He’s frustrated—bordering on furious. He’s been waiting for an update about his property claim, and from his perspective, no one communicated anything. He feels ignored. He’s escalating. Mia can tell this is going to be a difficult conversation. But instead of reacting defensively—or shutting down—she mentally runs through the CLEAR model. Notable Timestamps [ 00:30 ] - The "CLEAR Method" module, developed with Equis Consulting,...

How Particular is "That Particular Part"?

What's the Scenario? with PLRB

Messy Masonry, Inc. was hired as a subcontractor on a new home construction. Their job was to install two giant bay windows overlooking a lake, but they ended up splashing mortar on one of them. When they attempted to scrub it off, the window was scratched. As for the other window... another subcontractor, Outside the Lines Painting, was hired to paint the window frames, but accidentally sanded part of the windows in that process. The homeowner found the scratches months later. Notable Timestamps [ 00:00 ] - A construction scenario involves Messy Masonry splashing mortar and scratching...

The Lab-Grown Mismatch: One Earring, One Surprise

What's the Scenario? with PLRB

An insured filed a claim for a lost diamond earring. The stud and its match were scheduled as 1.00 Carat each, “I” color and SI clarity, for $8,000. Her insurer asked Gemcor create a match. When we received the mate, we ran our standard test and found something unexpected: the diamond wasn’t natural. It was lab-grown. In the years since its purchase, the replacement cost for lab-grown diamonds has plummeted. But the insured believed they were both natural, and wants a natural replacement. Notable Timestamps [ 00:58 ] - A client filed a claim for a lost diamond earring, but the...

"You Can't Salvage My Mother's Ring!"

What's the Scenario? with PLRB

An insured brought her diamond ring to a local jeweler for a routine cleaning. The jeweler found damage and recommended filing a claim. Our team checked the original appraisal on file, which raised questions about the identified break. However, close analysis confirmed a different break in the girdle. The insured was entitled her to a like-kind replacement or cash if she surrendered the chipped stone. But, the insured does not want to surrender the diamond for sentimental reasons. Notable Timestamps [ 00:52 ] - The insured's diamond had a girdle break, and while entitled to replacement,...

Suicide, Arson, and the Intentional Loss Exclusion

What's the Scenario? with PLRB

Warning, this scenario mentions suicide. The insured's 21-year-old son lives with them and suffers from depression. While the insured parents are away, their son goes through a breakup and decides to kill himself. He gets very drunk and douses the entire first floor in the gasoline they use for their lawnmower. He turns over a candle and goes upstairs to pass out. A neighbor called the police in time, and the young man was saved-- but the resulting fire consumed the house. Notable Timestamps [ 00:10 ] - John shares a serious scenario that raises pertinent coverage questions. [ 01:22 ] -...

Don’t Fall Down the Building Codes Rabbit Hole!

What's the Scenario? with PLRB

The adjuster on a hail claim receives a long list of line items that are "required by code." Once the old shingles are torn off, they find rot and gaps in the sheathing, and the contractor says a thicker sheathing is now required by code. Notable Timestamps [ 00:10 ] - Ice barriers, drip edges, a double felt underlayment... Searching the internet only leads the adjuster spiralling down a rabbit hole. [ 01:30 ] - What internet rabbit holes have you gone down? [ 04:28 ] - With PLRB's updated Address Report, members can provide an address and specify details such as rafter spans. [...

Posthumous Premium Payor

What's the Scenario? with PLRB

The 100-year-old named insured died of natural causes. His daughter, the executor, inherited and moved into the home, continuing to pay the same bills—including insurance premiums. Four years later, a fire occurred, but the policy still listed her late father. Can it pay out? Notable Timestamps [ 00:10 ] - The daughter continued to pay the premiums, but did not contact the insurance company to advise them of her father's death. [ 01:30 ] - Trivia Time! Who was the oldest living person? [ 04:06 ] – Insurance policies generally follow the insureds, as defined by the policy, as opposed...

Sugar, Spice, and Everything Sand: The CGL Auto Exclusion

What's the Scenario? with PLRB

A concrete foundation is crumbling due to a truck's sugar-contaminated sand delivery. Now, a court case hinges on whether the CGL auto exclusion applies: Did the damage occur in the truck or on the job site? Notable Timestamps [ 00:30 ] - At the outset, it seems the question (of whether the CGL or the BAC policy applies) turns on whether the damage occurred on the job site, at the concrete plant, or on the sand delivery truck. [ 05:01 ] - Sugar can be used in small, controlled amounts to delay concrete setting time, but higher concentrations can prevent proper curing. The contamination in this...

[REPLAY] Detached Garage Converted to AirBNB

What's the Scenario? with PLRB

This is a replay of an episode that originally aired on March 19, 2024. An insured’s detached garage burns down in a covered lightning strike, and somehow it’s not covered just because of a little side hustle? The PLRB crew hunt for coverage and find what the insurer can pay out on when an insured rents out their property without updating their insurance company. Notable Timestamps [ 00:17 ] - The insured remodeled their detached garage for use as an AirBNB rental, but never notified their insurer. The garage burned down, and the insured files a claim for the...

[REPLAY] I Crashed My Bike Into a Tree

What's the Scenario? with PLRB

Is a recycle bin a “vehicle”? Does a car antenna ripping a coat fall under the Vehicles peril? How about a poorly secured wedding dress in the backseat of a convertible? If you occasionally win a biking competition, does the loss of your bike trigger business property coverage? Join Mike, Tim, and Alissha for the lightning round and discuss bikes, eBikes, sleds, boats, and more. Notable Timestamps [ 00:15 ] - The insured is an avid cyclist who occasionally wins money from his hobby. Another cyclist cut him off and he crashed his bike into a tree while at a park, destroying...

More Episodes

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 pollutant.

[ 04:45 ] - When pollutants are released, it's usually caused by something else. This policy narrows down the analysis by listing the perils covered in Coverage C.

[ 05:55 ] - Let's run through the Coverage C perils... how about explosion? There was a trial-level court case from Pennsylvania in the '90s that held a gunshot could be considered an explosion for the named peril.

[ 07:55 ] - "Riot and civil commotion" probably envisions multiple people, or at least a larger area.

[ 09:00 ] - Is it finally time for malicious mischief? No, it was the bullets from the police, and they were not causing the mischief.

[ 09:30 ] - The peril for theft includes attempted theft, so this peril is a possibility.

[ 10:45 ] - "Sudden and accidental tearing apart, cracking, burning or bulging of a steam or hot water heating system"... was the heating oil tank part of the hot water heating system for the home?

[ 12:00 ] - Volcanic eruption? Probably not, but it is valuable to step through the policy to look for coverage.

[ 13:13 ] - The governmental action exclusion applies to the destruction of covered property by order or governmental or public authority.

[ 14:00 ] - "Order" usually means a search warrant, or something more formal than what occurred in this scenario.

[ 14:45 ] - If the police officer's conduct exceeds the scope of the warrant, that may fall outside of the exclusion as well.

[ 16:15 ] - Tim provides a recap of the scenario and the points above.

Your PLRB Resources

Coverage Question: Governmental Action Exclusion – Raid Pursuant to Warrant - https://www.plrb.org/documents/governmental-action-exclusion-raid-pursuant-to-warrant-pcq-2023-04-30-twh-a/?search=governmental%20action

Coverage Question: Governmental Action or Civil Authority Exclusions Not Applicable Where Damage from Apprehending Suspect - https://www.plrb.org/documents/governmental-action-or-civil-authority-exclusions-not-applicable-where-damage-from-apprehending-suspect-pcq-2020-08-18-eks-a/?search=governmental%20action

Annotation: Pollutants; Smoke from Industrial Operations (HO131) - https://www.plrb.org/documents/pollutants-smoke-from-industrial-operations-ho131/

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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.

Music: “Piece of Future” by Keyframe_Audio. Pixabay. Pixabay License.
Font: Metropolis by Chris Simpson. SIL OFL 1.1.
Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription).
Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

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