Sam is a huge Bears fan. He sets up his brand new smoker in the backyard and put a perfectly seasoned pork shoulder on to cook all day -- just in time for the Sunday Night Bears v. Packers game. The smoker was near the side of the house, but not directly next to it. After 8 hours, the shoulder was tender and ready to eat… but the insured's siding had melted. Sam seeks coverage for the replacement of the melted siding (and for the pork shoulder he dropped when he saw the damage).
Notable Timestamps
[ 00:23 ] - Sonia sets out a tragic game day scenario.
[ 01:16 ] - Fire is often defined by courts using dictionary definitions, such as Merriam-Webster's: "the phenomenon of combustion manifested in light and heat".
[ 04:38 ] - Scorching analysis suggests black marks may indicate oxidation and a glow (which could be fire damage), while brown marks often indicate high heat damage only.
[ 06:58 ] - For insurance purposes, losses must be fortuitous; Sam was trying to smoke meat, not melt the siding, so the damage was fortuitous from his perspective.
[ 08:37 ] - Most states rely on "proximate cause", i.e. the dominant or efficient cause that initiates the events, when analyzing causation for claims.
[ 09:23 ] - Friendly fire is contained in its usual place (like a stove), while hostile fire is unexpected or uncontrolled and not in its intended location. However, this analysis is not typically used by modern courts.
[ 11:43 ] - Sonia provides a recap of the points above.
Your PLRB Resources
The Future of Insurance Podcast - https://future-of-insurance.com/podcast/
Coverage Question: Smoker Melts Nearby Siding - https://www.plrb.org/documents/named-peril-coverage-smoker-melts-nearby-siding-pcq-2025-02-24-slc-a/
Coverage Question: Christmas Lights Scorched Couch: Is Couch Covered? - https://www.plrb.org/documents/fire-peril-scorched-couch/
Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company.
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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.
Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License.
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