Commercial insured has a CP 0010 10 12, Special Cause of Loss form. There is a multiple deductible form with a $10,000 deductible on wind and hail and a $2,500 deductible for all other covered causes of loss.

There was a storm in which the insured suffered wind and lightning damage. Wind damage is $2,189.32. Lightning damage is approximately $3,123.57. Obviously, the wind deductible applies to the wind damage and loss is under the deductible. We are having internal debate here. There is one school of thought that says the $10,000 wind deductible applies to the entire loss which totals under about $5,300(wind and lightning) and no payment should be made. There is another school of thought that the $10,000 deductible is applied to the wind aspect of the loss and that we should make payment on the lightning part of the loss with no further deductible. No policy language says the higher deductible applies.

What do you think?

New York Subscriber

In this situation, there are two causes of loss – wind and lightning. The wind deductible applies to the wind occurrence; and the lightning is a separate cause of loss occurrence. Therefore, the wind deductible applies to the wind loss and the all other perils deductible applies to the lightning loss.

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