It was a Dark & Stormy Night… Now, Prove It (W6)

There are three key parts to a storm damage insurance claim: The Policy, The Damage, and The Weather.

While an insurance policy may provide coverage a claimed peril and there is damage that could be attributed to a peril in which an insurance policy provides coverage, the question remains about whether damaging weather truly occurred and caused the damage during the policy period or statute of limitations. Furthermore, when the cause of damage is disputed, often the weather event can shed enormous light on what is reasonable and consistent, and what is not, regarding the damage.

This panel will look at all three aspects of storm damage insurance litigation. There will be three case studies, all fictional but realistic – a wind claim, a hail claim, and a hurricane (wind) claim. These case studies will be presented to the audience with a series of initial “undisputed facts”. Then, panel members will discuss their expertise and considerations regarding each case study in a free-form debate. Since the case studies are fictional, the audience will then be able to decide the fate of each case by majority vote.

The goal is to provide insight into the litigation process involving expert witnesses, and how things that may look simple on the surface, often are far more complex in reality, especially when it comes to the weather and claimed damages.