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Episode 90: Warming Up The Zamboni For Espinal
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A slip on ice can look like a small accident until you see what it turns into on a claim file: multiple defendants, competing contracts, fading memories, and a fight over what the weather actually did at one exact address. We get into why snow removal contractors are often treated like the default villain, and how a solid liability analysis starts with the boring stuff that saves you later: reading the policy, reading the snow contract, and tracking who promised what to whom.
We talk through common contract trigger language like two-inch thresholds, salting only on request, visit limits, and why “babysit the property 24/7” is rarely realistic. From there we shift into what wins cases: plow and salt logs, truck camera footage, photos of drainage and refreeze hazards, and witness work that still matters even years after the loss. We also cover how big injuries change the stakes, including traumatic brain injury, and why documenting real constraints like salt shortages can matter when reasonableness is questioned.
If you handle New York claims, we break down the Espinal framework and the three exceptions that can create contractor duty, plus how indemnity clauses and additional insured endorsements can reshape tenders and defense. We also dig into weather records, NOAA, the challenges of getting certified data, and when it’s time to bring in a forensic meteorologist to interpret conditions at the loss location.
Subscribe for more practical adjusting talk, share this with an adjuster who handles slip and fall files, and leave a review if it helps your work. What document do you request first when a winter liability claim hits your desk?
For more insights, you might consider a career in liability adjusting or if you're searching for reliable adjusting services, visit Auten Claims Management.
To explore more about Chantal Roberts and her contributions to the industry, visit CMR Consulting.
Promotions:
- Once Upon a Claim: Explore the magical world of claims adjusting through fairy tales. Get your copy now.
- The Art of Adjusting®: Master the art of claims adjusting with practical insights and expert advice. Purchase here.
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By William Auten & Chantal RobertsSend a text
A slip on ice can look like a small accident until you see what it turns into on a claim file: multiple defendants, competing contracts, fading memories, and a fight over what the weather actually did at one exact address. We get into why snow removal contractors are often treated like the default villain, and how a solid liability analysis starts with the boring stuff that saves you later: reading the policy, reading the snow contract, and tracking who promised what to whom.
We talk through common contract trigger language like two-inch thresholds, salting only on request, visit limits, and why “babysit the property 24/7” is rarely realistic. From there we shift into what wins cases: plow and salt logs, truck camera footage, photos of drainage and refreeze hazards, and witness work that still matters even years after the loss. We also cover how big injuries change the stakes, including traumatic brain injury, and why documenting real constraints like salt shortages can matter when reasonableness is questioned.
If you handle New York claims, we break down the Espinal framework and the three exceptions that can create contractor duty, plus how indemnity clauses and additional insured endorsements can reshape tenders and defense. We also dig into weather records, NOAA, the challenges of getting certified data, and when it’s time to bring in a forensic meteorologist to interpret conditions at the loss location.
Subscribe for more practical adjusting talk, share this with an adjuster who handles slip and fall files, and leave a review if it helps your work. What document do you request first when a winter liability claim hits your desk?
For more insights, you might consider a career in liability adjusting or if you're searching for reliable adjusting services, visit Auten Claims Management.
To explore more about Chantal Roberts and her contributions to the industry, visit CMR Consulting.
Promotions:
- Once Upon a Claim: Explore the magical world of claims adjusting through fairy tales. Get your copy now.
- The Art of Adjusting®: Master the art of claims adjusting with practical insights and expert advice. Purchase here.