Storms Over a Period of Time Not Considered One Occurrence

We have a question concerning the application of deductibles under a Builders Risk form.. During the period in caption there were storms that did damage to a construction project consisting of a single, multiple story building under construction. These storms occurred beginning on December 28, 2004, and ended in March of 2005, with breaks in the weather that lasted only a few days and at most one week. The client was delayed on the project a total of thirty-three days. A deductible is applicable to physical damage to the building as a result of a covered cause of loss, weather being one of them.

The roof was not finished and, due to high winds, the rainwater entered the building during the course of the three-month period. Because the loss arose from substantially the same conditions, can we make a case to the insurer that only one deductible applies or will the carrier consider each break between storms another loss with a separate deductible applying?

California Subscriber

The loss is the result of more than one occurrence, and thus subject to more than one deductible. Storms that occurred over a three-month period would not be considered one weather event or one giant storm, but rather separate events.

 

 

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