Building Owners Can Protect Against Concurrent Damage Allegations by Insurance Company Engineers with Pre-Disaster Engineering Inspections

The concurrent damage issue is something that most policy holders are not aware of until their claims have been denied. Even if damage has been caused by a recent storm event, if any previous damage exists and can be exploited by insurance company-retained engineers, the claim can be and is often denied.

When an insurance company responds to a hurricane, hail or similar property damage claim the insurance company will typically retain an insurance company- approved engineer to inspect the loss which typically means that the engineer will try to identify any type of damage that can be attributed to some other cause.

This is when the concept of concurrent damage becomes a method of claim denial. If the building owner or his engineer fails to demonstrate that damage was caused by the current covered peril or fails to prove that the damage is not caused by something else at a different time, that failure will likely be fatal to their claim.

The following photographs are a few examples from engineering reports where the insurance company-approved engineer identifies anything that can possibly be attributable to some other cause than the current storm or covered peril to establish a basis for claim denial.

(Left) "Worn/abraded mod-bit membrane beneath overhanging tree at roof facet 1" (Right) "Gouged/abraded mod-bit membrane beneath overhanging tree at roof facet 2" - Insurance Company-Retained Engineer

Even if some of these conditions existed before the storm, that does not mean damage was not caused by the recent storm or covered peril, however, the conditions are typically used as a basis to deny valid claims.

(Left) "Remedial repairs at perimeter of mechanical equipment penetration" (Right) "Deteriorated sealant at pipe jack penetration" - Insurance Company-Retained Engineer

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Remedial material application at the perimeters of vent, pipe jack, and mechanical equipment penetrations, a portion of which was worn and/or deteriorated, consistent with long-term exposure to the elements.

- Insurance Company-Retained Engineer

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(Left) "Tree canopy abrasion at parapet wall coping" (Right) "Remedial sealant in the wall expansion joint" - Insurance Company-Retained Engineer

(Left) "Remedial sealant and gaps in the wall expansion joint" (Right) "Ponding water and sediment deposits at membrane surface" - Insurance Company-Retained Engineer

Taking care of these small maintenance issues before the storm season can save a lot of time, trouble and likely claim denial by the insurance company. Pre-disaster inspection and condition documentation by a forensic engineer, inspector, building maintenance specialist or some other qualified entity can reduce or eliminate the excuses for claim denial.