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Damage caused by water or fire can be catastrophic for a business. Most business owners reasonably assume their commercial insurance coverage means they are protected from losses caused by water or fire. Yet insurance companies routinely use various tactics to significantly undervalue insurance claims for business personal property. If you are facing an underpaid commercial equipment and inventory claim, it’s crucial to consult with a property damage attorney who can best advise you regarding your options.
Commercial insurance policies typically categorize coverage into three categories: the building, business personal property (BPP), and business income. Equipment, inventory, machinery, furniture, and fixtures typically fall under business personal property. Insurance adjusters often evaluate BPP claims differently than claims for damage to the structure, applying a more aggressive depreciation calculation or requiring more documentation than many businesses can provide.
When evaluating claims for water- or fire-damaged property, most insurers pay actual cash value rather than replacement cost value. It’s essential to understand the difference between them:
While ACV formulas account for wear and tear, they do not address the sudden loss of an item that was functioning before a loss caused by water or fire damage, which can result in an underpaid commercial equipment and inventory claim. Machinery and electronics can look salvageable on the outside but may be corroded or contaminated on the inside. This damage is not visible during an inspection. Yet insurers often depreciate these items based on age rather than recognizing the fact that they were suddenly lost, which undervalues the actual cost of replacing the damaged item.
One way insurance companies make money is by paying the lowest possible amount on a claim, even if it is covered. Common tactics insurers use to drive equipment and inventory valuations lower include:
Although the above tactics often result in underpaid commercial equipment and inventory claims, this is not to say that every commercial insurance claim is being undervalued in bad faith. Many undervaluation errors stem from the limitations of insurance valuation tools in accounting for specialized or custom equipment. An experienced commercial property damage law firm can present alternative evidence to safeguard against undervaluation errors.
After water damage or a fire, insurers may claim equipment or inventory can be cleaned, restored, or partially salvaged rather than treating it as a total loss. This is most common in claims involving specialized equipment or sensitive inventory like food, electronics, pharmaceuticals, or chemicals. This argument can significantly reduce an insurance payout, and result in an underpaid commercial equipment and inventory claim, even when inventory is no longer sellable or safe to use. Nonetheless, many businesses accept the insurance payout with little negotiation or without seeking a second opinion.
Applying ACV instead of RCV, undervaluing the replacement cost of equipment or inventory, and claiming items are salvageable when they cannot be used or sold can significantly reduce an insurance payout after water damage or a fire. These tactics are not limited to businesses; they also affect Condominium Associations and Homeowners Associations in claims for damage to clubhouse equipment, landscaping equipment, and common-area furnishings.
The experienced commercial property damage lawyer team at Saka Bryant, P.A., represents Florida Condominium Associations, Homeowners Associations, and businesses in property damage claims, including those involving underpaid commercial equipment and inventory claims. We are committed to ensuring insurance companies uphold their contracts and pay policyholders the compensation they deserve. Contact us online today or call 754-283-8030 to schedule a free, confidential, no-obligation consultation to discuss your options and learn how we can assist you.