so a horse jumped in my pool


Gary Gilbert

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well here is the kicker..  the damage came in around 10k in damages. her ins  sent their guy out and said they will pro rate the liner that is 9 years old and nothing else fence or anything.. so they sent a letter saying they will only cover up to 3k in damages. that does not cover the liner,water and the products. ha not covering the labor of the installer .. we are kind of at a loss trying to figure out what the next step would be..

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Assuming you have a decent insurance guy – and it is an assumption – you can get him/her to recommend a course of action. If this was my situation:

 

My insurance company would send their own assessor and write-up an independent appraisal…

They would submit the appraisal on your behalf to the other insurance company…

They would intercede to get you what you need to fix everything…

They would pay the difference (after deductible) and bill the other company…

Since this is clearly an 'at-fault' claim, your rates should not be affected…

 

If your insurance carrier is not willing to perform some (if not all) of the above, I’d seriously consider another carrier… Especially with a pool… A live horse is one thing, a dead horse is another, and a dead child is something from a nightmare… Always had pools, tennis courts, etc and usually several at the same time... Never had any problems, but always had good insurance… Had a neighbor with a guest-child drowning... The term nightmare does not even start to describe the situation... With a pool, good insurance is really important... Over the past decade, seen quite a few simply fill-in their pools just because they don't use them and don't want the liability...

 

Good luck...

 

PS. With a pool, you need a seperate liability rider... Most would suggest $2MM, but talk to an insurince agent for reasonable/customary in your neck of the woods...

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My BIL has cattle and some broke the fence one night and wandered out on the highway. A lady hit one and totaled her car and was not hurt. Her insurance guy came out and looked things over and told them he had made a reasonable attempt to keep his cattle in and determined he wasn't liable. He claimed it was an ACT of God and paid her claim and even paid my BIL for the loss of the steer. Some insurance people are decent people.

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<either their insurance or mine would pay to have the damage fixed!>

I'm not an insurance guy, so take all advice with a pinch of salt... On the other hand, I've delt with insurance companies/claims far more than I would like to think about...

 

The poisition that horse-guy's insurance is only going to pay what they think is customary and reasonable is certainly their opening move -- sort of King's Pawn Opening (strong for White, but can collapse quickly with a skillful defence)... You need to extablish your position quickly and with emphasis... A second apprasial with your insurance guy fronting the number is a strong response...

 

On a secondary front: depending on your insurance carrier/policy/etc (especially if you have full replacement valuation), your insurance company may just kick for the entire nut (minus deductable) and back-bill horse-guy's insurance company (I've had this happen several times)... From your insurance guy's point of view it's cleaner because they control valuation and spend... The reason they like this approach is to manage (and hopefully avoid) an ugly end-game: horse-guy's insurance company falls-short and you later approach your insurance guy to make-up the diference -- especially if all work has already been completed... I'll restate this because it's imporant to understand: Your insurance guy will want control of the spend... Things can get dicey if you don't have replacement value -- but we'll burn that bridge when we get to it... One point, even with full replacement, either insurance company will only pay what is customary/reasonable... So if a new liner is typically $10K, but you've got a super-duper gold-plated liner that's $15K, you're only getting $10K unless you have a seperate estimate from your pool guy justifying the $15K AND your insurance accepts the verasity of that valuation (Insurance folks are well versed at identifing estimates with other items burried in the number)...

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<either their insurance or mine would pay to have the damage fixed!>

I'm not an insurance guy, so take all advice with a pinch of salt... On the other hand, I've delt with insurance companies/claims far more than I would like to think about...

 

The poisition that horse-guy's insurance is only going to pay what they think is customary and reasonable is certainly their opening move -- sort of King's Pawn Opening (strong for White, but can collapse quickly with a skillful defence)... You need to extablish your position quickly and with emphasis... A second apprasial with your insurance guy fronting the number is a strong response...

 

On a secondary front: depending on your insurance carrier/policy/etc (especially if you have full replacement valuation), your insurance company may just kick for the entire nut (minus deductable) and back-bill horse-guy's insurance company (I've had this happen several times)... From your insurance guy's point of view it's cleaner because they control valuation and spend... The reason they like this approach is to manage (and hopefully avoid) an ugly end-game: horse-guy's insurance company falls-short and you later approach your insurance guy to make-up the diference -- especially if all work has already been completed... I'll restate this because it's imporant to understand: Your insurance guy will want control of the spend... Things can get dicey if you don't have replacement value -- but we'll burn that bridge when we get to it... One point, even with full replacement, either insurance company will only pay what is customary/reasonable... So if a new liner is typically $10K, but you've got a super-duper gold-plated liner that's $15K, you're only getting $10K unless you have a seperate estimate from your pool guy justifying the $15K AND your insurance accepts the verasity of that valuation (Insurance folks are well versed at identifing estimates with other items burried in the number)...

 

Then to quote a current TV commercial, "why would you have that insurance company"?

 

In the end, you carry insurance to make you "whole" after an incident.  If their insurance company won't make you "whole" then it's up to your insurance to complete the job.  If neither does it then, it's time to look for a new insurance company.

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<you carry insurance to make you "whole" after an incident>

Unfortunately, that can be a mispreception...

 

The policies many folks carry aren’t designed to make them entirely whole – they are more of a safety net against catastrophic loss. The standard deductible for many is $3-$7K and covers most noise-level claims. Further, the deductible for ‘events’ (ex. hurricane damage) is typically pegged at a percent of total dwelling replacement value – so it can easily be $15-$30K before insurance kicks-in…

 

While full replacement policies certainly exist (we’ve got several), they can become cost prohibitive. On average, full replacement policies pay for the items they cover every 15-20 years. Even a full replacement policy is indexed to a dwelling’s replacement cost… Off the top of my head, the contents of our primary residence is capped at 5x the value of the dwelling itself and further indexed by reasonably/customary valuation. Things that fall outside that window are carried by specific riders – so if you have a hankering for Purdey shotguns, Persian rugs, Royal Academy oils, Queen Anne furniture, vintage Bordeaux, et al you need specific policies to cover each class of item…

 

Now, why do I mention this? Many hobby woodshops fall outside reasonable/customary… If you’ve got a garage full of Powermatic gear, a till of BadAxe saws, a wall of LN planes and a rack (or three) of Japanese chisels -- you are not reasonable/customary – and your tools [may not] be fully replaced – reasonable for some insurance companies is Husky/Rigid/etc. If your shop could be considered a ‘high-end’ hobby shop, then do yourself a favor and take a video of the shop and create a spreadsheet of your tools. Get these to your insurance guy and get his input… Could save you a big headache down the road…

 

Obviously, this all changes if you’ve got a small commercial shop… But there is one gray area that some need to navigate – the hobby-come-small-business home shop… If you derive revenue (even break-even revenue) from your shop, you [may] fall into a completely different insurance category… You need professional input… If your ‘small business’ shop catches fire and burns-down your primary residence, I’m not sure how the discussion with the insurance guy will go -- but I bet it won’t be pleasant…

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As a professional trumpet player who insures my $10k worth of horns at full replacement value (not at all prohibitive), I would recommend all woodworkers discuss your tooling with an agent. Maybe not your own at first, you want to know all the ins and outs before messing with some weird liability issue. Even liability bonding for $2 mil as a roofer can be purchased for around $600 annually here.

Errant livestock is not considered an act of God in regions familiar with livestock in my experience.

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we spoke to out ins company today and told them what was going on. All they asked us for was the repair bill  and they will go after them for the full amount.. i think what bugged them the most was when her companys pool guy came out he said that the sand in the filter was still good even tho MR ed pooped in the pool with the pump running ..  ours tells us that it's a health hazard . so that is where i am at today with the adventure..  every place i call for a repair wants pictures of the horse in the pool first before even talking.. one guy asked if he could list it on his website..lol .. my tablesaw money went to building a new fence..  I do have a question about router bits which section should I list that in. 

 Thanks

 Gary

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