Late one Friday afternoon, an employee of a sub-contractor was working on the roof of a construction project that was insured by Parker Smith & Feek through an Owner Controlled Insurance Program (OCIP.) The sub-contractor allowed a long armed piece of equipment to strike high voltage power lines, resulting in the worker sustaining first and second degree burns across his body.
The Parker, Smith & Feek claims department was made aware of the potential claim several hours after the incident, but by that time the client’s east coast insurance company had closed their office for a long weekend.
With no way of contacting the insurance company, Parker Smith & Feek made the decision to enlist the services of an independent adjuster and electrical engineer on the insurer’s behalf, in an effort to secure the scene and to preserve evidence of the accident. The electrical engineer was also able to coordinate with the local utilities to document the cause of the accident.
The investigation and subsequent legal action lasted almost three years due to the complexity of the case, the number of organizations involved and the level of potential damages.
It was found during the investigation that as a result of the quick response by Parker, Smith & Feek, as well as the evidence initially collected by the electrical engineer, there was comparative fault by one of the utilities involved which saved our client an OSHA violation penalty.
The evidence also helped the insurance company to secure financial contributions from outside parties in the settling of the case.
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