COSMETIC DAMAGE EXCLUSIONS COSMETIC DAMAGE v. FUNCTIONAL DAMAGE w/ Attorney Shaun Hodge

 

$350.00

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Description

Class will be held December 22th, 2020

10:00 am – 2:45 pm

(Must be logged into Zoom Platform by 9:55 am, or you miss the class.)

Physical Location – 902 51st Street

Galveston, Texas 77551

Valuations Special Session 00015-20 by Attorney Shaun Hodge

 

 

Cosmetic damage exclusions are now commonplace in insurance policies across the country.

How did these exclusions become commonplace?

Decades ago, farmers and ranchers across the heartland raised the issue with their insurance companies about ways to lower their premiums for the numerous buildings on their farms.    Farmers were paying significant premiums to insure outbuildings and commercial structures for farm equipment and barns.   The farmers and ranchers were not concerned with the cosmetic looks of the buildings and were willing to give up some standard coverages in exchange for significantly lower premiums.   Many of these structures served a utilitarian purpose (tractor shed, pole barn, feeding shed) and the looks of the structure were not of major concern to the farmers/ranchers especially given the fact that the structures already had multiple dents scratches from cattle, horses, and farm equipment.

What started out as a reasonable solution to a problem has grown to now impact virtually everyone with a metal roof or siding.   Insurance companies have pushed the exclusion to the edges while purposely keeping the exclusion language vague and ambiguous.

We will discuss the exclusionary language and how to address it to ensure that the insured is properly indemnified for their claim.

  • What is the cosmetic damage exclusion?
  • What was the true intent of insurance companies when they wrote cosmetic damage into the policy?
  • How do insurance policies and courts define cosmetic damage?
  • Are there exceptions to the cosmetic damage exclusion?
  • Survey of how insurance companies define cosmetic damage and how the exclusion is worded
  • Is a dent cosmetic damage?
  • Is cosmetic damage appraisable?
  • Department of Insurance pushes back
  • Q & A – Open Question and Answer Session on Cosmetic Damage or other first party issues

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