Storms over Time and Application of Deductibles
August 12, 2016
The policyholder experienced a hail loss and was insured on a HO 00 03 04 91. The policy defines “occurrence” as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions, which results, during the policy period in: a. 'Bodily injury'; or b. 'Property damage.”"
The declarations page for this policy states this regarding the deductible:
In case of loss under SECTION I, we cover only the part of the loss over $1,000.
The deductible applies to each OCCURRENCE. “OCCURRENCE” means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.”
The adjuster for the insurer provided a list of hail storms that have been recorded in the area of the risk over the last ten years (approximate age of the roof) and stated that because it is impossible to determine which storm caused which damage on the roof that the insurer can charge a deductible for each recorded weather event.
The insurer has so far charged two deductibles for the same claim, and when the insured advised that she might want to exercise her appraisal rights the adjuster advised her he had only charged two deductibles to “give her the benefit of the doubt” but that if she exercised her appraisal rights he could charge five deductibles for the same claim.
I've never seen or heard of an insurer charging more than one deductible for one claim. Is this a proper interpretation of how a deductible should be charged under the declaration page? It seems as though anytime an insured made a weather-related claim the insurance company could charge several deductibles to eliminate any claim payments and then cancel the policy. It would scare or intimidate any policyholder from ever making a claim.
Maryland Subscriber
If the adjuster is going to apply a deductible for each hail storm, then he must prove there was substantial damage from each storm and be able to pinpoint the damage to the specific storm. Hail is random and not every hail storm causes damage to a roof. Just because there was a storm four years ago does not mean it caused damage to the insured's house four years ago. If the carrier pushes to apply more deductibles, run it past the state insurance department.
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