A small grocery store specializes in farm-to-table meat and fish, locally sourced and priced at the high end of the market. After accepting their week's shipment on a Wednesday evening, thunderstorms led to a power outage that spoiled the fish.
Notable Timestamps
[ 00:36 ] - Another insured claims their back shed was hit by lightning, damaging expensive equipment.
[ 01:32 ] - The team discusses tips for what to do during a power outage.
[ 02:47 ] - On PLRB.org, on the Weather Hub, you can click Power Outage Report and enter in an address and date to see historical power outage reports in a grid with 1km x 1km squares.
[ 05:55 ] - The data can only demonstrate a probability that an outage occurred at the selected address.
[ 06:50 ] - The data does not include the cause of the power outage.
[ 07:00 ] - The lightning report data includes satellite data during a given 1-hour period for both in-cloud and cloud-to-ground lightning.
[ 09:40 ] - These reports can be used to confirm causality in a claim.
[ 10:24 ] - Tim & Mike chime in! Food spoilage claims can lead to confusion because the clauses frequently change. In these situations, it's best to read the policy carefully. Is there a distinction between on-premises and off-premises? Does it mention power failures as well as power surges? Is there an ensuing loss clause? The policy may also have an endorsement for food spoilage.
[ 12:43 ] - CP and BP form have an exclusion for artificially-generated electrical current, which would not apply in a lightning claim.
[ 03:24 ] - Andrew provides a recap of the scenario and the points above.
Your PLRB Resources
Get a Power Outage Report - https://www.plrb.org/weather-cat/power-outage-reports/
Get a Lightning Report - https://www.plrb.org/weather-cat/researching-lightning-data/
Adjuster Resource Sheet: Food Spoilage Claims Under Commercial Forms for Property Adjusters - https://www.plrb.org/documents/adjuster-resource-sheet-food-spoilage-claims-commercial/
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Legal Information
The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate.
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