Announcement

Collapse
No announcement yet.

Bugs - Casualty Loss ?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Bugs - Casualty Loss ?

    Scenario:

    Anyone ever had this type of client situation?

    Individual's personal residence was bug infested and required destryoing/disposing numerous household furniture, capeting, etc. Also, a few thousand dollars of extermination costs.

    House insuarance stated not covered.

    Individual said it was sudden (not gradual), these type of bugs (hard to see and hide in the walls and furniture) multiply very fast.

    Sound like a personal casualty loss?

    thanks in advance
    Always cite your source for support to defend your opinion

    #2
    Concerns

    I would say get a report from an entomologist (perhaps at your nearest University) about the specific bug involved and how long it would reasonably take to for things to go from none to the point these drastic steps were necessary. Once you know that you can judge the suddenness issue. In my mind if the time involved is over a a few hours your case looks weak but if the client wanted I would file the return up to about 24 hours. Also to my mind if his housekeeping (lack of cleanliness or the condition of the yard to cite just two examples) or the nature of the structure itself (not a modern airtight house or not properly maintained) contributed in any way then he does not have a casualty because the infestation would not be unexpected. .

    Comment


      #3
      Uphill Fight

      Sammy, my friend, you've got to overturn years and years of rulings, court decisions, etc. for your client to sell this idea. Insect destruction has long been defeated on grounds that it is not "sudden" enough.

      Erchess is right, the only way he can win this one is to somehow show that this one particular bug is far more "sudden" than anything in the insect phyla. Instantly more multitudinous than the scabies in the Brendon Frasier's "Mummy" series. Even then, I don't think he would win.

      Comment


        #4
        good points and more research

        thanks to both of you

        Client says the bugs are know as "bed bugs". As far as "sudden & unexpected", quick research states the bugs multiply fast and hide very well. Can get into the home in various ways, e.g., someone's clothing, suitcases, etc.

        So, need to find a "bug expert" at one of the universities.
        Always cite your source for support to defend your opinion

        Comment

        Working...
        X