What's the Scenario? with PLRB
A plumber was hired to perform work on a pipe on an insured home. In the course of that work, the plumber accidentally smashed his wrench into the pipe, damaging it. The water damaged nearby drywall and carpet. Notable Timestamps [ 00:44 ] - The j(5) exclusion specifically applies to property damage on that particular part of real property where operations are directly being performed. [ 01:14 ] - In contrast to the j(5) exclusion, the j(6) exclusion applies to any property that requires restoration, repair, or replacement because the work was performed incorrectly. [ 02:44 ] - If a plumber...
info_outlineWhat's the Scenario? with PLRB
A general contractor installs a commercial storefront window system. Because the flashing is installed incorrectly, rainwater enters the building during the first storm. The building owner sues the contractor, seeking the cost to remove and replace the defective window system and repair the water-damaged drywall and flooring inside. The contractor tenders the suit to its CGL insurer. Notable Timestamps [ 00:00:34 ] - A contractor faces a lawsuit after incorrectly installing window flashing that leads to water damage inside a building. [ 00:04:48 ] - A central issue in these claims is...
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Emma’s cousin Mark moved to the big city and left his horse at Emma’s ranch. For five years, she took care of the horse like it was one of her own. One day Mark took offense at one of Emma’s social media posts, and quietly removed the horse without her knowledge, believing he was the rightful owner. Emma was devastated and sued Mark, alleging emotional distress, mental pain and suffering, and loss of consortium. Mark’s insurer denied his defense on the basis that no bodily injury was claimed. Notable Timestamps [ 00:00:33 ] - The scenario involves a woman who sued her cousin for...
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The insured has spent months in an escalating dispute with his neighbor over the neighbor’s alleged violation of HOA rules and garish lawn decorations. Finally, the insured takes things too far by aiming his sprinkler at the neighbor’s newly painted shed, ruining an expensive paint job. The insured has been sued, and wants their insurance company to defend them in the lawsuit. Notable Timestamps [ 00:00:32 ] - This scenario involves an insured causing damage by ruining a neighbor's painted shed with a sprinkler, and expecting a defense. [ 00:01:17 ] - The PLRB's Frontlines newsletter is a...
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During a recreational adult hockey league practice, the goalie skated backward into the crease after a drill and grabbed the top crossbar of the net while stretching and joking with other players. The ice had recently been resurfaced, and the net had not yet been properly secured to the ice. As the goalie leaned his body weight onto the frame, the goal tipped backward and struck him. In a negligence claim between the goalie and the arena, which team takes the blame? Notable Timestamps [ 01:03 ] - Establishing negligence requires meeting four elements, which include having a duty owed, a breach...
info_outlineWhat's the Scenario? with PLRB
As we hit our next holiday week and listen to the sounds of fireworks, we’d like to share a classic episode featuring the insurance implications of fireworks. So fire up the grill, and put this episode on the speakers. Is there an exclusion for stupid? Join Alissha, Mike, and Tim to discuss bad decisions, wedding rings stuck on fingers, dumpster fires, and whether the choice to set off a firework inside a house is considered “intentional” under the policy. Notable Timestamps [ 00:17 ] - The insured’s son set off a firework in the house for the excitement, causing...
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As a claims executive leader, Awais Farooq built and oversaw coverage frameworks, liability investigations, reserve governance, and total loss protocols. He believed that institutional fluency would make his own claim predictable. Then he struck a deer on his motorcycle and suffered a significant leg injury. His claim was segmented across bodily injury, property damage, and total loss. Each function operated correctly. Yet without a single point of ownership, the experience felt operationally sound but emotionally fragmented. Notable Timestamps [ 00:37 ] - Awais Farooq experienced a motorcycle...
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Right now we’re traveling back from this week’s successful Eastern Regional Conference. So this week, as we head into summer, we’re sharing an episode on how to take advantage of all the services that the PLRB Weather/CATs department has to offer. A supervisor leads a team of very needy CAT adjusters! Over the course of the year, the supervisor fields many questions as it comes up in their claims. Was there hail on X date? Was there lightning in the area? This hurricane is coming soon, where can I get news about it? Winter weather caused a slip and fall!! Where can I find...
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We’re calling “foul ball!” A spectator at a local minor league baseball game was injured when a foul ball zipped through a tear in the safety net and broke his arm. The spectator claims that the stadium owed him a safe environment, that it knew about the tear and didn’t fix it, and that the mascot wasn’t even that funny. To score, our litigant is going to have to run all four bases of the core elements of negligence: duty, breach, causation, and damages. Notable Timestamps [ 00:00 ] - A foul ball injury at a minor league game sets the stage for a negligence analysis, focusing on...
info_outlineWhat's the Scenario? with PLRB
A cat jumps on the stove to get leftovers, accidentally turns a burner, and starts a kitchen fire. The homeowner has heard of an exclusion that applies to damage caused by animals owned or kept by an insured, and is concerned that the fire will not be covered. Exactly how mad should the homeowner be with their cat? (And how long can they stay mad at that face?) Notable Timestamps [ 00:00 ] - A kitchen fire caused by a pet can initially alarm insureds who may believe the animal exclusion automatically bars coverage for any damage involving their cat or dog. [ 00:53 ] - The discussion highlights...
info_outlineA plumber was hired to perform work on a pipe on an insured home. In the course of that work, the plumber accidentally smashed his wrench into the pipe, damaging it. The water damaged nearby drywall and carpet.
Notable Timestamps
[ 00:44 ] - The j(5) exclusion specifically applies to property damage on that particular part of real property where operations are directly being performed.
[ 01:14 ] - In contrast to the j(5) exclusion, the j(6) exclusion applies to any property that requires restoration, repair, or replacement because the work was performed incorrectly.
[ 02:44 ] - If a plumber accidentally breaks a pipe while working on it, fixing the pipe is probably excluded, but resulting damage to nearby drywall and carpet may be covered.
[ 04:32 ] - General liability insurance typically isn't meant to cover general carelessness.
[ 08:29 ] - Courts interpreting exclusions broadly might deny coverage, reasoning that the particular part being worked on encompasses the entire project or property.
[ 10:50 ] - When courts interpret exclusions narrowly, they restrict the exclusion to just the defective part being worked on, which can result in broader insurance coverage.
[ 13:49 ] - For a botched oil change causing engine failure, a narrow interpretation excludes only the oil and filter, while a broad view excludes the whole engine.
[ 15:07 ] - Defective workmanship that results in damage to other property, or to work that is not the insured's own product, can be considered a covered occurrence.
Your PLRB Resources
Adjuster Resource Sheet: Faulty Work
https://members.plrb.org/documents/adjuster-resource-sheet-faulty-work
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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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