This has been a very busy year for Peak Claims with both property and cargo related damage. Since several of our claims made the evening regional news we thought it would be appropriate to gather up a few of them for the first annual “Peak Claims – Top 4 Insurance Claims (of 2010″. Due to the sensitive nature of these claims, all names and general indicators of involvement have been redacted. In no particular order they are:
1. Total Loss Tractor Trailer Accident & Fire - This loss made the evening news as it caused extensive delays and temporary closure of I-70 in central Colorado. Prior to the collision, a passenger car had collided with a large Elk on the interstate, causing the battery of the car to become disconnected which resulted in the car having no tail lights. The semi-truck driver did not see the vehicle and collided with it. All passengers of the automobile were not in the vehicle at the time of the collision and only moderate injuries were sustained by the truck driver.. It was discovered by the Highway Patrol that the collision sheared open the entire diesel fuel tank of the truck and sparks ignited the fire. The remote location of the incident combined with a diesel fuel fire left little time for extinguishing the blaze and a total loss resulted to the tractor as well.
Total Loss Truck Tractor Damages
Total Loss Trailer Cargo Damage
2. Total Loss – 60,000 lbs Raw Beef Food Product – We were contacted by a global container company and ocean shipping company to investigate a cargo loss involving raw beef food product intended for delivery overseas. According to all parties, a reefer container was improperly set for 23 degrees Centigrade (Celsius) instead of 23F, or perhaps -23F. The setting happened just prior to the sail date and was corrected in a short time after the ship set sail. Upon arrival to the consignee in Japan, the container was refused and sent back to the consignor in Colorado. The FDA did not approve the use of the product, but our investigation revealed the responsible parties and documentation was secured for subrogation purposes.
Meat Product Damages totaling 60,000 lbs
3. Total Loss – 20,000 Gallons of Olive Oil – Although this claim didn’t involve extreme visible damages, our President says Olive Oil is something worth talking about. The containers are small but the value is big at around $16 per gallon and this shipment involved about 20,000 gallons. It was determined that the consignor stacked pallets of these cans on top of each other with only a thin layer of fiberboard separation to support the weight of the pallets. As a result, the containers sustained an overload during ocean transit and partially collapsed causing small leaks in the containers. Needless to say, you could smell the Olive Oil from a block away as it had leaked all over the pavement, and probably along the interstate from California to Utah. The container was a workman’s compensation claim waiting to happen in itself.
Olive Oil Cargo Damages
4. Total Loss – Three Unit Tractor – Trailer Collision – Finally, we’re looking at one of Colorado’s worst semi truck and trailer incidents of the year. We were assigned this loss because of our experience and expertise in handling multiple truck incidents. This truck was the last of three tractor-trailer operations involved in the incident. US Highways 385 and 287 are a 2 lane operation that merge and run together north of Dalhart, Texas. The highway was closed to one-lane operation and this driver failed to stop or slow down for the one lane operation, which was halted as he approached at approximately 65 mph. This truck rear ended another stationary rig, which forced that one into another stationary rig. This driver and the one in front were victims of a casualty and did not survive. Cargo was badly damaged in both vans and we helped gather evidence to support indemnification.
Truck Damages - Liability Claim
Truck Damages - Liability Claim
Peak Claims leads Colorado, Utah, Texas, Kansas and other states in Cargo Damage Surveys, Trucking Liability, Subrogation Investigations and Missing/Lost or Astray Cargo Investigations. The company has operated out of it’s headquarter office in Denver Colorado since 2005 and is managed by Phillip A. Crimaldi. Contact Peak Claims for your insurance claim service needs today.
Is has been confirmed that over 150 structures and homes have been destroyed by a fire which originated in the vicinity of Four Mile Canyon, located miles from Boulder, Colorado. The origin of the fire is unknown at this time and is under investigation by the Federal Bureau of Land Management. Generally, when a fire breaches 500 acres and is not well contained, it becomes a Federal investigation matter. The total value of the structures is unknown at this time, but it expected to exceed ten million dollars ($10M-USD).
Peak Claims, Inc. which is based out of Denver, Colorado has previous experience with wild fire liability claims and direct loss independent adjusting of strutures damaged by fire. Manager Phillip Crimaldi reports that “most wild fires in the Colorado area are caused by humans, or a failure to maintain a duty of care on equipment or other things which produce excessive amounts of heat, but not in every case. In some cases wild or forest fires are caused by natural conditions including excessive heat and drought.” Mr. Crimaldi also indicated that “Unfortunately, even when a fire is directly caused by a person’s failure to maintain a duty of care and no direct proof is available of that breach, such as failing to extinguish a cigarette, the blame is often pointed in a direction that has a viable recovery path where liability coverage exists”.
At last count, the fire was approximately 30% contained but weather continues to change and subject both the fire and fire containment crews to dangerous conditions with no solid hope for recovery. NPR reported this morning that over 3,500 residents have been evacuated for days. Conditions do not warrant the return of any residents in the near future as heavy wind gusts, likely due to hurricane season, are likely to fuel the fire and dry out any existing moisture.
Mr. Crimaldi gave a clear point of view on his last wild-fire liability claim experience where, at Canon City, CO in June, 2010, dozens of tents were set up around a high school which was used as the fire incident management center. Personnel from multiple Colorado and out of state fire agencies were present, along with the BLM, U.S Department of Forestry, Sheriff’s Department and other staff to help support the fire fighting efforts.
Peak Claims, Inc. is a Colorado based insurance and legal claim services company providing adjusting, investigation, subrogation recovery efforts, witness location and other related services for insurance carriers, law firms and self insureds. The company operates in Denver, Boulder and throughout Colorado, New Mexico, Arizona, California and other states. Phillip Crimaldi has a broad experience with fire claims and manages the Colorado offices and operation in other states.
Explosion, then a fuel fire…
Appurtenant Structure - Garage Fuel Fire Damage
Continuing with our tradition of receiving assignments that made the morning news, we received this interesting file which was reported by the several news stations before it was ever reported to the insurer.
The insured had a vintage 1986 Maserati Bi-Turbo, a Smart Car, and two late model Honda Goldwing Trike Motorcycles, among other collectible items stored in her garage. As a preventative maintenance technique the owner stated that she normally starts the care and lets it idle for several minutes on a bi-weekly basis to help keep the engine lubricated and in working order. On the eve of this particular accident she went out and started the motor up, then went back inside with her grandchild. Shortly after a large explosion occured that “shook the house” and the insured came out to find her garage going up in flames.
Mrs. Insured was keen to safety and took her grandchild across the street to a neighbor’s house where she then called 911. The Denver Fire Department‘s Station 16 crew arrived 7 minutes and 15 seconds later according to their report. Unfortunately that’s a long time for a garage full of automobiles to be on fire. The fire had burned so hot that it melted the rear of the house, which was less than 30 feet away. The garage was badly damaged, but surprisingly, not a total loss because a large part was constructed from masonry brick and block which were fairly heat resistant, as opposed to a wooden frame which is not.
In our scene investigation, it appeared that the fire originated at or near the Maserati and there was a hole approximately 2.5 feet in diameter on the roof of the garage, as shown:
- Explosion on Garage Roof
In this case it was only necessary to substantiate the items and costs included in our estimate of recorded damages because the carrier hired a special cause and origin specialist. The auto was insured through a different insurance carrier than the structural coverage, therefore a good investigator may find evidence proving the Masterati was the cause which would then open up recovery through subrogation.
- Interior Garage Damages and Explosion Opening
The garage roof, windows, doors, electric and HVAC were clearly a total loss as shown in our photos. Interestingly the policy coverage for this file was exceedingly shy of the amount necessary to repair the entire structure. One cause for having made so many news headlines was that a fireman was struck my a bullet as heat set off ammunition that was stored in the garage. No injuries were report as there was no significant velocity behind the round.
This type of claim would normally be a good candidate for an errors and omissions suit naming the insurance agent who sold the policy because the agent failed to update or review policy limits for several years. It’s unfortunate that Underwriting had failed to recognize this condition. However, in this case the agent happened to be directly related to the insured and she was not interested in pursuing such a claim against her sibling/agent.
Roof Joist at Entry - Fuel Fire Damage Adjusting
With all of the news crews documenting the story, we were shocked that a public adjuster hadn’t been involved in the file before our arrival. Our file was turned around in less than 72 hours and the insured received policy limits of $26,000.00 for Appurtenant Structure Coverage (B) the same week as we received the file.
Phillip Crimaldi handles fire and explosion damage insurance claim adjustments and repair estimates for Peak Claims throughout the nation.
This claim was featured on: Denver Post, KJCT News 8 (ABC – Grand Junction, CO) through the Associated Press wire, along with local Denver Fox affiliate KDVR, and local NBC affiliate KUSA 9News.
