When a company suffers damages in its assets of an important amount as a consequence of a Claim guaranteed by an Insurance Policy –fire, explosion, floods, etc-it suddenly faces a serious crisis that has to be handled. If it is efficiently handled excellent results can be attained (in agreement with the insurance coverage) that will make up for material damages and loss of profits adequately and in the best possible way.
In the cases when an insurance policy covers the insured claim, it is unavoidable to go through an Advisory Service process before receiving the compensation. When the claims are of a large amount and liability, the Insured faces advisory service process and the Law of Insurance Contract , as well as the policy conditions themselves, which empowers both parties to appoint each one its own expert –Company and Insured- so that the advisory service is carried out in a professional way. This is defined as “Contradictory Advisory Service Process”.
The advisory service is not only the valuation of the claim damages by defining damaged and rescued goods and their valuation. The experts have to declare with regard to the cause, the valuation of the pre-existing concepts for the purpose of determining whether the insurance policy provides sufficient cover and also as to the exact definition of the type of risk and whether it coincides with that worded in the policy, the valuation of damages. Then finally to declare the proposal for the liquid amount of the indemnity that the Insured shall receive. In most cases, the claim is settled by agreement between the experts of the Parties.
It must be understood that the contradictory advisory service is a matter of the will of two professionals (physical persons or professional structures of a company). Minor deviations in the application of criteria can lead to represent very significant absolute values. Not to mention that the application of wrong criteria can lead to a disaster in the final adjustment.
Because of the above, the election of an Insured Expert is highly recommended. He/she should have sufficient professional expertise and experience to advise the company that has suffered the claim in order to attain adjustments in the indemnity thereof adequate to the real damage and coverage, in this way attaining the best economical result in the fastest time.
It is easy to understand, that the optimum result of an advisory service does not only depend on the technical knowledge and specialization of valuations. It also depends to a great extent on the application of faultless working methods that will ensure our customers the assurance that the management of their claim is in good hands. Pluvia Risks guarantees the maximum specialization and the application of faultless working methods confirmed throughout 40 years of experience.
However, what happens when there is no agreement between the experts?
There is disagreement among the experts.
When there is no agreement among the experts appointed by the Parties (Company and Insured) a disagreement situation arises to be solved by the appointment of a Third Expert (appointed by agreement of the Parties or by the Judge or Notary). In these cases, the Expert appointed by the Insured must have expertise and means in order to issue an Expert Report that must be objective and with capacity to convince those to whom it shall be addressed.