tstryk wrote:
Finally got a check today. The estimate for repair was just north of $26,000 - the check was for a little less than $15,000. There was no information on what the check was for and what it did not cover - just the estimate and the check. I was told they would not pay for the fridge because it was the cause of the fire after being told they would not pay for the specific part that caused it - i.e. circuit board or canister. It appears they also are not paying for cleanup, which is quite hefty. Serve-pro, it appears, gave an estimate of $5700. Of course, I opened the envelope a little after 5 on a Friday afternoon. I feel a call to the state insurance commissioner coming on.
Thanks for sharing your story. Hope this recovery will be quick and fully compensate you.
I am not a product liability expert, but there seem to be several principles that are clear.
1. Because it took six weeks for the Norcold rep to inspect the loss, it is likely that there are a large number of claims for Norcold refer fires. It was good judgment to send a very personable rep because if the refer is defective, Norcold is strictly liable.
2. Ten fires due to a manufacturing defect are likely sufficient to produce strict liability under product liability rules. There now must be well over 100 fires due solely to the product defect. I agree that some refer fires may have a different cause, but clearly many Norcold fires are due to the manufacturing defect. Only Norcold knows the actual number of fires resulting from the defect. For legal reasons they will not disclose that number.
3. It is standard legal practice to deny responsibility and then pay all insurance claims to avoid subrogation litigation. Norcold is following a smart legal strategy. All settlements by Norcold will also require the insurance companies to not disclose the number of fires.
4. RV fires can consume the entire vehicle in 20 to 30 minutes. We and Norcold both can thank the Good Lord that there have been no reported wrongful death actions due to this manufacturing defect.
5. Again, I hope you are quickly and fully compensated. Good luck.
Crespro
