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[TowerTalk] to sue or not to sue...

Subject: [TowerTalk] to sue or not to sue...
From: "" <>
Date: Tue, 12 Sep 2006 04:50:55 GMT
List-post: <>

Let me open by saying that I'm a licensed property and
casualty insurance agent in Ohio.  Don't know jackshit
about towers, antennas, plastic owls and such...but I knows my INsurance.

Sounds like the crane guys are trying to pull a fast one
on you...suppose that tower had fallen and killed your
neighbor's cat...or hit his house...I'm not sure they
could point to the contract and say, "Sue Vic, we're not
responsible for anything."  But to get to've
got to lawyer up...and that involves the expenditure of
cash...and time.

What really has me puzzled is Allstate's denial of the
claim.  I think you should call your Agent back...insist
that he or she file the claim...and have a claims rep explain to 
you, in writing, quoting specific policy language...why you aren't
covered. The fact that you contracted with the
crane company wouldn't seem to be an issue...except that
Allstate, if they can prove negligence on the part of the
crane company, may be able to recover what they paid out
and your deductible (it's called subrogation).  And Allstate has lots
of lawyers and other folks ready to do just that...and you don't have
to pay for them.  Let the crane company explain to Allstate's attorneys
how they're not responsible for anything.  That'll go over like
a fart in church.

The damage to the driveway should be covered too...but may
be subject to another deductible...but again, Allstate should
be able to subrogate against the crane company.  

Here in Ohio, you have two years from the date of loss to present a
homeowners insurance claim.  If your agent says you exceeded that time
(I think you mentioned you have two years in this situation),
remind him or her...that you presented a timely claim to them and
they denied it without explanation.  You just have to hope that the
person you spoke with, remembers you.

The takeaway for the rest of us is to insist on certificates
of liability insurance and worker's compensation insurance from
---> any <--- outside vendor used around the house...lawn service,
roofing or crane guys, before any work is done.

Please keep the list posted on your progress...

Good luck.


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