None
EN
Why Travelers Fought a Fire Claim for Invisible Smoke Damage
['Elaine Silver']
Engineering News-Record
Travelers sent Maxus initial claims payouts relatively promptly for the most apparent damage, court records show.
No damage was visible, Travelers argued, and Maxus had no expert evidence of an imminent health hazard at the trace levels found.
Travelers’ counsel Tyson H. Ketchum opened, stating,“Property insurance covers physical harm to property requiring repair or replacement of the property.
In Maxus v. Travelers, writes policy holder attorney Merlin, the jury and appeals judges wisely reconfirmed the differences between invisible forms of contamination.
The decision emphasized that the business could not function normally and repeated the insurer’s own admissions of smoke damage.