What's the Scenario? with PLRB

PLRB

Formerly "PLRB on Demand", this podcast feed is being rebooted as "What's the Scenario? with PLRB." Each week you'll find a 20-minute episode that addresses a claims or coverage scenario and answers interesting insurance questions. Our PLRB team of Alissha Watley, Mike Brode, and Tim Havlir will discuss terrorism, pandemics, fireworks, NFTs, aggressive contractors, phone scams, matching, vacation rentals, and more. Stay subscribed to this feed and check back in the new year for a new podcast. Subscribe to this Podcast Your Podcast App - Please subscribe and rate us on your favorite podcast app YouTube - Please like and subscribe at youtube.com/@plrb/ LinkedIn - Please follow at "Property and Liability Resource Bureau" Send us your scenario! Please reach out to us with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org. If you send us an audio clip, we may use the audio in the show, though again we will only include material we can anonymize. 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.

  1. 3d ago

    Playing Defense Against Negligence Claims

    During a recreational adult hockey league practice, the goalie skated backward into the crease after a drill and grabbed the top crossbar of the net while stretching and joking with other players. The ice had recently been resurfaced, and the net had not yet been properly secured to the ice. As the goalie leaned his body weight onto the frame, the goal tipped backward and struck him. In a negligence claim between the goalie and the arena, which team takes the blame? Notable Timestamps [ 01:03 ] - Establishing negligence requires meeting four elements, which include having a duty owed, a breach of that duty, a proximately caused injury, and damages. [ 02:20 ] - Even when negligence is successfully established during litigation, there are still potential defenses available, such as assumption of risk and contributory negligence. [ 04:50 ] - The assumption of risk doctrine might still apply even if a player is violating a rule during a game, as participants generally expect potential injury during physical activities. [ 07:11 ] - Some states utilize contributory negligence, which can technically bar a plaintiff from any recovery if they are found to have contributed at all to the incident. [ 11:03 ] - Comparative negligence rules vary, with some states allowing recovery if a person is up to 50% liable, while others require the individual's negligence to be 49% or less. [ 11:51 ] - Under a pure comparative standard, an injured person who is found to be 90% at fault for an incident can still recover the remaining 10% of their respective damages. [ 14:34 ] - In cases involving severe injuries, juries can sometimes be influenced to make decisions inconsistent with the letter of the law. [ 16:29 ] - The outcomes of these negligence defenses heavily depend on the specific state where the case is taking place, the laws that apply, and the overall makeup of the jury pool. Your PLRB Resources Negotiation Strategies in Bodily Injury Claims     https://members.plrb.org/education/courses/negotiation-strategies-in-bodily-injury-claims 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. Subscribe to this Podcast Your Podcast App - Please subscribe and rate us on your favorite podcast app YouTube - Please like and subscribe at @plrb LinkedIN - Please follow at "Property and Liability Resource Bureau" Send us your Scenario! Please reach out to us at 630-509-8704 with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.  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. Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

    19 min

  2. Jun 26

    [REPLAY] My Son Set Off Fireworks in My House

    As we hit our next holiday week and listen to the sounds of fireworks, we'd like to share a classic episode featuring the insurance implications of fireworks. So fire up the grill, and put this episode on the speakers.   Is there an exclusion for stupid? Join Alissha, Mike, and Tim to discuss bad decisions, wedding rings stuck on fingers, dumpster fires, and whether the choice to set off a firework inside a house is considered "intentional" under the policy.   Notable Timestamps   [ 00:17 ] - The insured's son set off a firework in the house for the excitement, causing fire damage. The homeowners file a property claim.   [ 01:26 ] - Alissha, Mike, and Tim discuss their opinions on fireworks, sneaking over the state line, exploding toys, dog ownership, and dumpster fires.   [ 04:12 ] - There's no exclusion for "stupid" (i.e. negligence), at least not prior to the loss.   [ 07:34 ] - There is an exclusion for intentional loss. "Intent" usually applies both when the actor intends the consequence, and when they know the consequences are substantially certain to result.   [ 08:46 ] - The fact that the son was intoxicated would not establish an insanity defense.   [ 10:36 ] - The son was living in the house, even though he spent much of the year at college, and would be considered an insured so no subrogation is possible.   [ 11:50 ] - For very young children, their young age can imply that they are not appreciating the consequences of their actions and that can speak to intent.   [ 13:04 ] - The team discusses scenarios where an adult intentionally set a fire so that her husband could heroically put it out, where someone breaks a ring to get it off their swelling finger, and where someone smashes a window to break into their own house.   [ 17:24 ] - Tim provides a recap of the scenario and the points above.   Your PLRB Resources   Homeowners annotation on the intentional loss exclusion - https://search.plrb.org/?dn=37&src=gsa   Does a Farm Policy Cover Injury to a Semi Driver Caused by Water Balloons Tossed from Insured's Vehicle? - https://search.plrb.org/?dn=17362&src=gsa   Cutting Off Ring That is Stuck On Swollen Finger… Intentional Loss? - https://search.plrb.org/?dn=67944&src=gsa   Is Damage to Property of Others Coverage Available Under a Homeowners Policy for a Window Broken by the Insured Tenant's Son at a Rental Property? - https://search.plrb.org/?dn=73010&src=gsa   CE course on Intentional Versus Negligent Conduct For Casualty Adjusters - https://www.plrb.org/public2/dislearn/description.cfm?mod=p0056   CE course on Subrogation Claims - https://www.plrb.org/public2/dislearn/description.cfm?mod=p0050   Webinar on Fire Loss Investigation Strategies - https://www.plrb.org/distlearn/webinars/vplayer.cfm?vid=w0024   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/container.cfm?conlink=sec/cq/default.cfm) at no additional charge to you or your company.   Subscribe to this Podcast   Your Podcast App - Please subscribe and rate us on your favorite podcast app   YouTube - Please like and subscribe at @plrb   LinkedIN - Please follow at "Property and Liability Resource Bureau"   Send us your Scenario!   Please reach out to us with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share.   Just reach out to scenario@plrb.org.   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.   Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0). https://thenounproject.com/icon/firework-152487/ https://thenounproject.com/icon/firework-1758560/

    21 min

  3. Jun 19

    When the Claims Executive Became the Claimant

    As a claims executive leader, Awais Farooq built and oversaw coverage frameworks, liability investigations, reserve governance, and total loss protocols. He believed that institutional fluency would make his own claim predictable. Then he struck a deer on his motorcycle and suffered a significant leg injury. His claim was segmented across bodily injury, property damage, and total loss. Each function operated correctly. Yet without a single point of ownership, the experience felt operationally sound but emotionally fragmented. Notable Timestamps [ 00:37 ] - Awais Farooq experienced a motorcycle accident that resulted in a claim that was handled with operational soundness but felt entirely emotionally fragmented. [ 04:29 ] - The accident occurred close to home when Awais encountered a deer on the road, attempted to turn around to avoid it, but unfortunately crashed into another deer. [ 06:24 ] - Despite the insurance company being highly digitally advanced with text message communications, Awais had to navigate three separate adjusters who did not communicate with one another. [ 08:01 ] - A major gap exists in the insurance industry where automation and process improvements often overlook the end consumer, losing track of the primary goal to restore the person completely. [ 12:52 ] - Awais channeled his frustrations into writing a book titled The Future Isn't Fully Automated, which explores how technology must integrate with essential human connection in claims. [ 13:39 ] - The claims journey consists of information gathering, documentation, and decisioning; streamlining the first two phases can empower adjusters to focus primarily on delivering decisions. [ 15:00 ] - Awais discusses the possibility of an individualized user experience akin to Amazon, ensuring that claimants have a single point of contact rather than feeling like one of millions of claims. [ 17:00 ] - A technically compliant claim can still fail the human experience test.  Your PLRB Resources https://www.linkedin.com/in/awais-farooq/ Subscribe to this Podcast Your Podcast App - Please subscribe and rate us on your favorite podcast app YouTube - Please like and subscribe at @plrb LinkedIN - Please follow at "Property and Liability Resource Bureau" Send us your Scenario! Please reach out to us at 630-509-8704 with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.  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. Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

    19 min

  4. Jun 12

    [REPLAY] Herding Weather/CATs

    Right now we're traveling back from this week's successful Eastern Regional Conference. So this week, as we head into summer, we're sharing an episode on how to take advantage of all the services that the PLRB Weather/CATs department has to offer.   A supervisor leads a team of very needy CAT adjusters! Over the course of the year, the supervisor fields many questions as it comes up in their claims. Was there hail on X date? Was there lightning in the area? This hurricane is coming soon, where can I get news about it? Winter weather caused a slip and fall!! Where can I find information on wildfire perimeters and California evacuations? For help herding all these cats, we'll head to PLRB.org.   Notable Timestamps [ 00:00 ] - The episode introduces a scenario where a supervisor fields constant weather-related questions from cat adjusters, highlighting the need for a centralized, reliable source for hail, lightning, hurricanes, wildfires, and more. [ 02:15 ] - The team previews multiple scenarios—winter storms, hail, lightning, power outages, tornadoes, hurricanes, and wildfires—showing the breadth of searchable weather data available to support claim investigations. [ 03:16 ] - Using a winter slip-and-fall in Iowa City, Iowa, the report pulls verified storm data from the National Weather Service, including freezing rain reports and hourly observations to validate conditions on the date of loss. [ 07:42 ] - For hail damage in Illinois, radar-derived data and verified hail reports allow adjusters to map proximity, estimated hail size, and associated severe thunderstorm warnings tied to a specific date and address. [ 09:53 ] - Lightning reports provide daily probability percentages and satellite detection data, helping assess commercial equipment claims while noting limits in resolution and cloud-to-cloud versus cloud-to-ground distinctions. [ 12:25 ] - Power outage searches archive data every ten minutes via PowerOutage.us, identifying outage timing, affected customers, and likely storm causes—critical for business interruption investigations. [ 14:09 ] - A tornado case study of the Mayfield event demonstrates wind reports, damage points, and EF-scale path polygons, enabling precise analysis of storm track and intensity relative to a property. [ 17:31 ] - Wildfire tools include historical perimeters like the Garnett Fire, evacuation zones, thermal hotspots, smoke analysis from National Oceanic and Atmospheric Administration data, and hurricane spaghetti models—underscoring a single portal for comprehensive weather intelligence. [ 17:49 ] - Dylan summarized upcoming PLRB Weather/CATs developments. Your PLRB Resources Weather/CATS Hub - https://members.plrb.org/weather-cat/ 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. Subscribe to this Podcast Your Podcast App - Please subscribe and rate us on your favorite podcast app YouTube - Please like and subscribe at @plrb LinkedIN - Please follow at "Property and Liability Resource Bureau" Send us your Scenario! Please reach out to us at 630-509-8704 with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.  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. Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

    25 min

  5. Jun 5

    Rounding the Bases to Establish Negligence

    We're calling "foul ball!" A spectator at a local minor league baseball game was injured when a foul ball zipped through a tear in the safety net and broke his arm. The spectator claims that the stadium owed him a safe environment, that it knew about the tear and didn't fix it, and that the mascot wasn't even that funny. To score, our litigant is going to have to run all four bases of the core elements of negligence: duty, breach, causation, and damages. Notable Timestamps [ 00:00 ] - A foul ball injury at a minor league game sets the stage for a negligence analysis, focusing on whether the stadium failed to maintain a safe environment after allegedly knowing about a damaged safety net. [ 05:02 ] - The first element of negligence is duty. A stadium generally owes spectators a duty of reasonable care, especially when protective measures such as safety netting are installed for fan protection. [ 05:40 ] - The second element is breach. If stadium personnel knew about a tear in the net and failed to repair it, that omission may constitute a breach of the duty owed to spectators. [ 08:56 ] - Causation requires a direct connection between the breach and the injury. The claimant must show the foul ball passed through the known defect and that the injury was a foreseeable result. [ 10:14 ] - A claimant's own actions can affect the analysis. Attempts to catch a foul ball, distraction, or impairment could introduce comparative or contributory negligence issues depending on state law. [ 11:24 ] - Damages are essential to a negligence claim. Even if a duty existed and was breached, recovery is unlikely without a measurable injury, financial loss, or other legally recognized harm. [ 12:11 ] - A personal auto accident example illustrates that negligence claims can fail despite a breach of duty when no injury or property damage occurs. Reaching only part of the negligence analysis is not enough. [ 13:15 ] - The discussion highlights how emotional distress claims can complicate matters. Jurisdictions differ on whether symptoms without clear bodily injury satisfy policy language or legal damage requirements. [ 14:43 ] - Not every liability case follows ordinary negligence rules. Certain ultra-hazardous activities or situations involving strict liability may shift the focus away from proving the traditional four negligence elements. [ 16:21 ] - The key lesson is that successful negligence claims require all four elements: duty, breach, causation, and damages. Missing any one element can prevent recovery, regardless of the strength of the others. Your PLRB Resources Introduction to Negligence Concepts https://members.plrb.org/education/courses/introduction-to-negligence-concepts 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. Subscribe to this Podcast Your Podcast App - Please subscribe and rate us on your favorite podcast app YouTube - Please like and subscribe at @plrb LinkedIN - Please follow at "Property and Liability Resource Bureau" Send us your Scenario! Please reach out to us at 630-509-8704 with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.  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. Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

    18 min

  6. May 29

    My Cat Set My House On Fire

    A cat jumps on the stove to get leftovers, accidentally turns a burner, and starts a kitchen fire. The homeowner has heard of an exclusion that applies to damage caused by animals owned or kept by an insured, and is concerned that the fire will not be covered. Exactly how mad should the homeowner be with their cat? (And how long can they stay mad at that face?) Notable Timestamps [ 00:00 ] - A kitchen fire caused by a pet can initially alarm insureds who may believe the animal exclusion automatically bars coverage for any damage involving their cat or dog. [ 00:53 ] - The discussion highlights how insureds may hesitate to disclose that a pet caused the loss because they fear the claim will be denied under the policy language. [ 03:39 ] - Investigating unusual fire losses often requires origin-and-cause experts, especially when evidence suggests a stove burner was turned on without any appliance malfunction. [ 05:07 ] - The key distinction is that animal-caused property damage itself may be excluded, while the resulting fire can still qualify as a covered peril under the policy. [ 05:50 ] - Claims involving uncommon exclusions remind adjusters to carefully read the actual policy wording instead of relying on assumptions about what is or is not covered. [ 06:12 ] - Ordinary pet damage like chewing, scratching, or staining is different from a sudden accidental event such as a kitchen fire. [ 07:24 ] - Adjusters generally approach claims by looking for coverage where it exists. [ 08:45 ] - Animal exclusions are often intended to address ongoing maintenance-type damage rather than fortuitous accidental losses. [ 10:10 ] - While some courts have interpreted animal exclusions broadly, the cited cases involved extreme situations with dozens of pets causing extensive property damage. [ 11:54 ] - Maintaining good communication and rapport with insureds can help overcome misconceptions about coverage and encourage honest discussion during the investigation. Your PLRB Resources Birds, Vermin, Rodents, or Insects; Animals Owned or Kept (HO133) https://members.plrb.org/documents/birds-vermin-rodents-or-insects-animals-owned-or-kept-ho133 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. Subscribe to this Podcast Your Podcast App - Please subscribe and rate us on your favorite podcast app YouTube - Please like and subscribe at @plrb LinkedIN - Please follow at "Property and Liability Resource Bureau" Send us your Scenario! Please reach out to us at 630-509-8704 with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.  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. Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

    14 min

  7. May 22

    Wildfire: Why Do Adjusters Get a Bad Rap?

    Wildfire claims are emotional, public, and inconsistent across carriers, so adjusters often become the face of "no." Using a real fire example, we'll explore empathy, advance payments, uneven guidance, social media comparisons, and follow-through as tools to protect our reputation. Notable Timestamps [ 00:09 ] - Wildfire claims can be highly emotional and public, and adjusters often become the visible representative of difficult coverage decisions. [ 01:28 ] - PLRB recognizes Outstanding Claims Professionals not only for technical skill, but also for restoring lives and setting standards in customer service. [ 03:03 ] - Social media, neighborhood groups, and AI tools now shape insured expectations, creating more questions and adding complexity for adjusters. [ 05:16 ] - Policyholders often see claim differences as inconsistency where it may simply represent variation in policies, property details, and carrier practices. [ 06:54 ] - Adjusters build trust by explaining policies in everyday language instead of relying on technical wording or policy jargon. [ 09:29 ] - Starting conversations with what can be done, rather than limitations, helps reduce tension and discourages adversarial reactions. [ 10:28 ] - Advance payments and early support for housing and immediate needs can ease stress and strengthen the insured-adjuster relationship. [ 14:58 ] - Consistent communication matters; policyholders often prefer hearing "I don't have an answer yet" over silence or missed follow-ups. [ 16:48 ] - Listening for recurring concerns allows adjusters to anticipate needs, act proactively, and create more confidence in the claims process. Your PLRB Resources CE Course: Investigating and Resolving Different Types of Wildfire Losses https://members.plrb.org/education/courses/investigating-and-resolving-different-types-of-wildfire-losses 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. Subscribe to this Podcast Your Podcast App - Please subscribe and rate us on your favorite podcast app YouTube - Please like and subscribe at @plrb LinkedIN - Please follow at "Property and Liability Resource Bureau" Send us your Scenario! Please reach out to us at 630-509-8704 with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.  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. Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

    21 min

  8. May 15

    [REPLAY] Bumping Brewery Bollards

    [REPLAY] This week, check out a podcast featured in PLRB's new PACE Program: "The new PLRB Advanced Coverage Education (PACE) designation is more than a credential. It's a powerful way to strengthen your claims expertise. PACE begins with a Core Curriculum that builds a foundation in insurance basics and the claims process. From there, professionals can grow through Business LineTracks that support field-specific development, and Claims Intensives that dive deeper into essential topics like fraud and ethics. Developed with PLRB's long‑standing commitment to high‑quality education, PACE helps claims professionals work with greater clarity, consistency, and confidence. And because certification courses are included in PLRB Membership, with discounted designation fees, it's a valuable investment in both employee development and organizational success. PACE supports professionals at every stage of their careers and helps teams work more confidently and efficiently."     A brewery owner had bollards installed outside the building for safety purposes. One day a teenager veered off the road into one of the bollards, damaging it and the car. The adjuster is wondering if there should be no coverage on the basis that a bollard is a fence.   Notable Timestamps [ 00:26 ] - The building owner submits the claim to their property insurer, looking for coverage for a new bollard. They have a standard CP 00 10 10 12, which does not include coverage for fences if the cause of loss was an accidental vehicle crash.  [ 01:34 ] - Trivia time! What is a "pub" short for? How many Clydesdales are hitched to the Budweiser wagon? Lite beer was introduced into the U.S. in what decade? [ 04:15 ] - A bollard is a short pole or stump placed to prevent vehicle access without preventing pedestrian access. These may be seen at the entrances to bike paths, or out in front of buildings or arenas. [ 05:40 ] - Under the CP form, a bollard would initially fit under building coverage as an external fixture. Fences are excluded except for certain types of losses (not including this kind of loss). [ 07:30 ] - A line of bollards, like a fence, is something like a barrier that marks a boundary. But, there is no continuity between posts, and it does not prevent pedestrian access. [ 09:11 ] - A historic moment: the team agrees on something! [ 09:37 ] - Courts typically do not construe ambiguous exclusions broadly. "If it's gray, you must pay." [ 10:40 ] - Declarations Pages are typically more detailed in CP forms, and often include small structures. However, at least one court chose not to penalize an insured for failing to list a series of (light) posts. [ 12:26 ] - If a Declarations Page lists most structures specifically but omits some, that may create an issue for the insured. [ 13:25 ] - Strong subrogration potential exists here against the driver. [ 14:30 ] - A cement block wall was considered a fence... at least according to a 1959 case, and under a grant of coverage which is typically construed more broadly. [ 16:40 ] - Tim provides a recap of the scenario and the points above. Your PLRB Resources Bollards: Do They Qualify As Fences? – PCQ.2017.05.09.twh.a - https://www.plrb.org/documents/bollards-do-they-qualify-as-fences-pcq-2017-05-09-twh-a/ Annotation: Property Outside Buildings (CP622) - https://www.plrb.org/documents/property-outside-buildings-cp622/ Chippewa Country Valley Festival v. Little Black Mut Ins Co (2002) - https://www.plrb.org/documents/chippewa-country-valley-festival-v-little-black-mut-ins-co-2002/ 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. Subscribe to this Podcast Your Podcast App - Please subscribe and rate us on your favorite podcast app YouTube - Please like and subscribe at @plrb LinkedIN - Please follow at "Property and Liability Resource Bureau" Send us your Scenario! Please reach out to us with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org. 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. Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

    19 min
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Formerly "PLRB on Demand", this podcast feed is being rebooted as "What's the Scenario? with PLRB." Each week you'll find a 20-minute episode that addresses a claims or coverage scenario and answers interesting insurance questions. Our PLRB team of Alissha Watley, Mike Brode, and Tim Havlir will discuss terrorism, pandemics, fireworks, NFTs, aggressive contractors, phone scams, matching, vacation rentals, and more. Stay subscribed to this feed and check back in the new year for a new podcast. Subscribe to this Podcast Your Podcast App - Please subscribe and rate us on your favorite podcast app YouTube - Please like and subscribe at youtube.com/@plrb/ LinkedIn - Please follow at "Property and Liability Resource Bureau" Send us your scenario! Please reach out to us with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org. If you send us an audio clip, we may use the audio in the show, though again we will only include material we can anonymize. 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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