TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June0 2015 Subsidence Management Services Technical Bulletin June, 2015 Gold Page 0 TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June1 2015 CONTENTS June 2015 Edition Annual Subsidence Conference : SMD Update : Climate Change Bee? : Geographic Information Systems Syst Proportionality of Costs : World Class Claims Handling : Trees - Canopy and Count : Insurable Interest : Insurance Fraud Task Force : Kent Earthquake : FOS Decisions Geology and Beer Read all about it ... Another busy month in terms of technical updates as well as attendance at the Annual Subsidence Conference at Aston University. University. The conference is arranged by The Clay Research Group and celebrated its 13th anniversary this year. year Speakers covered a wide range of topics but of particular interest to us are the th ideas of 'fixing' shrinkable clay soils and measuring moisture change and building movement without digging holes and testing soils. A non-invasive invasive approach. Our weather update tracks the progress of the Soil Moisture Deficit (SMD) which records fairly rapid soil drying. Does this suggest an increase in claims this year? Who can tell but experience tells us a few intermittent showers could change the outlook very quickly. Lots going on in the world of liability and insurance. Proportionality is central to our decision making and of course the issue of an insurable interest - both are considered alongside the usual review of good practice as outlined by decisions made by the Financial Ombudsman Service. Gold Page Page1 1 TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June2 2015 Annual Subsidence Conference Directed by The Clay Research Group The 13th annual conference was held at Aston University on the 16th June and we heard from some leading industry figures about what the future may hold. Of particular interest were the talks delivered by Prof. Ian Jefferson, Birmingham University and Dr. Nigel Cassidy, Keele University. Working together, they they instrumented the site at Aldenham and carried out a series of projects to see if the clay soil within the root zone of the willow tree could be 'fixed'. The objective is to remove or reduce the shrink/swell properties and perhaps develop an alternative method of underpinning that is cheaper, faster and more environmentally friendly than current methods. One of the major benefits would be to allow retention ention of the tree in some instances. The technique is called electrokinesis osmosis (EKO) and involves sinking two steel rods into the ground (about 300 - 400mm apart in the experiment), introducing a fluid at the site of one rod and then passing a charge between them using a low voltage. The fluid is forced through the soil by the current and in the process proc the clay structure is permanently perman altered. The concept isn't new. It was used in WW2 to make the walls of excavations in clay soil waterproof to house U boats. boats How would we know that the EKO treatment was working? Nigel Cassidy instrumented the site to to measure moisture change associated with the process. Using electrical ical resistivity (ER) Nigel could detect if the soil is getting wetter (the resistivity drops) or drier (the resistivity increases). increases) The EKO work formed the subject of a PhD for Tom Clinton. His thesis has been handed in for consideration and the good news is, he has found employment. There are issues for us before this approach can be utilised. For example, was there any shrinkage associated with the treatment? Laboratory trials by MatLab some years ago suggested the initial shrinkage exceeded that caused by tree roots. Tom Clinton explained that the introduction of the fluids meant shrinkage wasn't a problem. Gold Page 22 Page TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June3 2015 Annual Subsidence Conference ... continued The treatment zone at Aldenham was relatively shallow. In cases where mature trees are present, nt, the depth of desiccation can reach 4mtrs. This Th is no doubt achievable le using this method but rods would need to be designed. How long does it take? Possibly a few months to treat the depth of the root zone. However, the biggest problem that we foresee is the fact that a narrow strip of treated soil beneath the foundation is unlikely to act in isolation. It is embedded in ground that will continue contin to move seasonally - there are no slip planes plane between the treated and untreated zones. Nigel produced images images of how his measurement of electrical resistivity might be used to investigate subsidence claims. Below we have tried to illustrate this simplistically. The benefits would be significant. Showing where the ground is dry (or wet) relative to surrounding ground ground and measuring building movement by adding electrolevels would avoid the expense and disruption of traditional methods. No excavations, soil testing or monitoring. See image below. Nigel tells us that the Rasberry Pi computer system, system, costing around £40, £ could handle all of the data and processing. By using the homeowners WiFi (paying for data use of course) the whole assembly would probably take less than a day to set up. Data delivered 24/7 would mean a quicker claim settlement and meaningful data gathered thered over time, at far less cost than is currently the case. More next month. Diagrammatic matic plot of ER monitoring at shallow depth dep showing how the influence of a root zone might appear. The soil would be drier in the root zone in the summer (left), and reach equilibrium in the winter (right). Invert the model and we might be able to detect wetter soils where drains are leaking. Readings would probably be required at a depth of say 1.5m below ground for the most meaningful results. Gold Page Page 33 TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June4 2015 SMD Update The blue line plots the current position of the Soil Moisture Deficit (SMD) and compares with the average of recorded event years and the averages of a normal year. The current trend suggests a dry summer and we could be excused for anticipating an increase in claims. However, over the last 8 years such trends have been interrupted by intervals of heavy rainfall. Perhaps a function of the climate changes that we read about. Bottom left we see the jet stream sat fair and square over the UK. It is possible that some movement north might take place shortly drawing the warmer weather up from the south. Gold Page 4 Page 4 TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June5 2015 Climate Change Bee? Frightening reports were coming in relating to the sighting of a giant bee at the Eden Project in Cornwall and some scientists sci were re blaming global warming. Our team were dispatched with suitable protective clothing and got within camera range to take this picture. Fortunately we can report it isn't real. It's just a model. Nothing to worry about but we must keep our eye on it. Pedunculate Oak The pedunculate oak came c into leaf starting 10th April lasting through until the 20th May or thereabouts. This compares with around the 30th March extending through to 4th May in 2014. How do we know? We visited ... http://www.naturescalendar.org.uk/ It's 's interesting to see how various species of tree interact with the climate. Gold Page 5 5 Page TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June6 2015 Geographic Information Systems Geographic Information Systems (GIS) started to become more widely adopted by insurers around 1990 - 1995. Dismissed initially on the basis that if you had the raw data then thee need for maps was superfluous; if a certain postcode was identified as high risk, what could be gained by seeing it on a map? We were introduced to the joys of GIS around 1995 when we plotted the height and location of the trees in London using usi aerial photography. In those days, measuring heights was a lengthy task involving binocular viewing glasses and transparent images laid side by side. Times move quickly and when we next undertook the task in 2005 it was largely automated using laser technology. A much faster er process and this time including canopy cover on a 1m grid. By adding building outlines using Ordnance rdnance Survey mapping we could visualise the risk at unit level. GIS systems allow the user to carry out quite complex calculations 'behind ' the scenes'. Not only can we visualise the risk better, the links with other elements (geology in particular) can be assessed. Google Earth has an application that allows allows the user to undertake rudimentary mapping for free. A easy-to-use interface (www.batchgeo.com) allows the user to import data from an Excel spreadsheet in a matter of seconds. Gold Page 6 Page 6 TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June7 2015 Proportionality of Costs in Legal Disputes As claims handlers, ensuring that costs are proportionate to the sum at issue is second nature. There’s no point spending spend £4K to investigate a claim when the cost to repair amounts to £5K. (The only exception might be if fraud is suspected when, for the greater good of both insurers and the insuring public, different expense considerations apply.) The Financial Ombudsman Service (FOS) fully understands the principle, whether it be in indemnity spend or handling cost. An insurer agreed to pay £1,000 £1, in respect of damage to two floor tiles in a kitchen, made up of £500 repair plus £500 for loss of match. Re-tiling tiling the whole kitchen would cost £2,500. FOS practice is to allow the cost of repairing the damage plus up to 50% of replacing the remainder. remaind ‘I think an additional cash payment of 50% of replacing the undamaged tiles would be disproportionate in this particular case’. £1,000, rather than the FOS maximum of £1,500, was sufficient. Case reference DRN1495823. An insurer had a written statement statement from a policyholder. It felt that it had sufficient information and that the cost of employing an interpreter to obtain further information was disproportionate. ‘I do not think this is unreasonable in all of the circumstances.’ Case reference DRN3181713. The principle of proportionality has now been emphasised further in the Civil Procedure Rules which govern legal cases in which we are involved whether in recoveries or disputes with policyholders. There are a number of changes, effective from April. The objectives are broadly as before - to encourage parties to exchange information at an early stage in order to attempt to narrow the issues and/or resolve the dispute. However, there is a greater focus on efficient case management and proportionate costs. sts. Parties are now required to take ‘only reasonable and proportionate steps’ to identify, narrow and resolve the issues in dispute. A party will be unable to recover any disproportionate costs incurred in complying with any protocol or practice direction. ion. There are adverse costs sanctions for parties who refuse or fail to respond to invitations to participate in Alternative Dispute Resolution. Gold Page 7 Page 7 TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June8 2015 Proportionality of Costs ... continued Two recent cases show the need for change. One case involved a claim for around £900K. The claimant ‘won’ but their costs of £202K were reduced to £96K. An experienced partner had become overly-involved overly involved in detailed work on the case. Savoye v Spicers. http://www.bailii.org/ew/cases/EWHC/TCC/2015/33.html A claimant submitted a budget of £9.5M in a case to be heard in the Technology and Construction Court. The court described this as ‘unreliable, ‘unreliable, disproportionate and unreasonable’. It slashed the budget to £4.3M – less than the claimant had already spent. The amount claimed in the dispute was £18M, although this was said to be grossly inflated. The embarrassed claimant solicitors were Squire Squire Patton Bogg, an international firm that boasts a profit of US$ 840K for each equity partner. CIP Properties v Galliford Try. http://www.bailii.org/ew/cases/EWHC/TCC/2015/481.html Subsidence Factoids 308mm 8mm is the theoretical theo maximum value for the Soil Moisture Deficit caused by trees. The maximum value for grass cover is 134mm. 134mm Trees are much riskier than grass and produce more ground movement. In practice it is the localised ground movement associated with root activity that results in differential movement and damage. Sinkhole vulnerability map published by the BGS Gold Page Page 8 8 TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June9 2015 World Class Claims Handling ‘The claims handler needs to make the claimant feel that even though the event that started the process (the accident) was bad the process, the experience and the outcome were good – that they were well treated and cared about.’ Some customer requirements of a claims team: • • • • • • • • • • • a fair settlement a prompt settlement to be kept informed communicate honestly and clearly adequate resource professional dealings consistency a case manager approach the right expert at the right time invisible internal processes to deal with an empowered representative ‘An effective low touch approach – if you pick up a file le do something useful.’ ‘The best activities for quality claims adjusters remain: investigation, evaluation and negotiation.’ These are all quotes from a lecture to the Insurance Institute of London by Jonathan Clark, a former head of CII’s Faculty of Claims. Claims. There are other points made in the lecture, which will be of interest to those concerned with the broader aspects of first party claims handling. CII members can see the video and slides at: http://www.cii.co.uk/knowledge/insurance-institute-of-london/articles/what http://www.cii.co.uk/knowledge/insurance london/articles/what-isworld-class-in-claims/33142 claims/33142. Otherwise, ask a member of TCU to forward you a copy of the slides, which are at: T:/Technical Information/Insurance Principles/World Class Gold Page Page 9 9 TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June102015 Counting the trees and measuring the canopy http://www.treezilla.org/ The web application TreeZilla records the total canopy cover (expressed as a percentage of ground area) area and count of trees for some major towns and cities in the UK. As can be seen from these graphs, although London has as a high count of trees, Birmingham has a higher canopy cover. This almost certainly reflects the risk posed by large trees on the shrinkable soils soils of the south east where regular canopy reduction is the norm. Gold Page 1010 Page TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June112015 Insurance Fraud Taskforce This taskforce was set up in January under the auspices of the government. Members include the Association of British Insurers, Financial Ombudsman Service, Citizens Advice, Financial Services Consumer Panel, British Insurance Brokers’ Association and the Insurance Fraud Bureau – a good cross section of interested parties. Its starting point was the estimate that insurance fraud adds adds £50 to each household’s annual insurance bill. The ABI estimates that detected insurance fraud was £1.3 billion in 2013. An interim report has been published. Much of the focus is around fraudulent personal injury claims where the injury cannot easily be proved or disproved. We probably all still receive those irritating canvassing telephone calls. Our particular interest is in fraudulent first party claims. The Taskforce is currently canvassing opinions on five questions: • How could engagement with consumers and consumer education be improved to reduce insurance fraud? • How might communications be used to discourage dishonest claims and should these communications emphasise the effect of fraud on honest policyholders? • How common is the perception that that insurance fraud is a victimless crime? • Do the actions of any party involved in the underwriting or claims process encourage the perception that insurance fraud is justifiable? • What more could be done to make insurance fraud socially unacceptable? The final report is due by the end of this year. Further information is at: https://www.gov.uk/government/groups/insurance https://www.gov.uk/government/groups/insurance-fraud-taskforce#interim taskforce#interim-report Gold Page 11 Page 11 TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June122015 Insurable Interest We still see the occasional case that sends us back to the text books. Last year we dealt with a claim from a policyholder who, it turned out, had a poor credit history so had persuaded a friend to apply for a mortgage on a property – the upstairs flat of a house. The property was bought in the friend’s name. Policyholder paid the £30K deposit and made the monthly repayments. So the insurance policy wasn’t in the name of the person listed as owner at Land Registry. To make the case more interesting, the friend friend secretly took out a loan against the property but defaulted on repayments, triggering repossession action by the bank with the second charge against the property. The property was damaged by subsidence. Having initiated a mortgage fraud and not being ing the registered owner, but having paid a deposit and paid monthly repayments, did the policyholder have an insurable interest in the property? To add more spice to the story, the downstairs flat was legally owned by our policyholder. However, it was occupied occupied by his parents who had taken out a buildings policy in their name, with another insurer. As it happens, the insurable interest debate was overtaken by events. Policyholder submitted a fraudulent invoice in support of a claim for expenses so his claim cl was kicked out on those grounds. He complained to the Financial Ombudsman Service describing himself on their form as a police officer - but they didn’t uphold his complaint. Insurable interest is one of the six principles of insurance. In the 18th century, it was not unknown for someone to take out a policy on the life of a person they didn’t know, as a wager. If that person died or was killed, the policyholder collected the pay-out. pay The Marine Insurance Act of 1746 and the Life Assurance Act 1774 1 tried to discourage gambling by making it illegal to take out policies if the beneficiary didn’t have a financial interest in the property or life insured. Gold Page 12 Page 12 TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June132015 Insurable Interest ... continued Case law developed the principle of insurable interest in property, a classic description being contained in Lucena v Crauford (1806), and it was codified in the Marine Insurance Act 1906. Since then, there haven’t been many further developments – until now no Having reformed personal insurances through CIDRA 2012 (The Consumer Insurance Disclosure & Representations Act) and commercial insurances through the Insurance Act 2015, the Law Commission isn’t resting on its laurels. Jointly with the Law Commission of of Scotland, it has published a paper seeking further views on proposed changes to the law of insurable interest. Most of the changes affect life assurance. For indemnity insurance, in which we are interested, the changes are mainly aimed at re-stating re existing isting law in a clearer way. Insurable interest might become a statutory requirement. When should the interest exist – at time of loss, at policy inception or both? The Commission considers: (1) What interest must be shown for an insurance contract to be valid? (2) What are the consequences of an insurance contract being considered void for lack of insurable interest? (3) When may the policyholder claim for a loss? We will report on the subject in more detail when a Bill is drafted, whenever that may be. A government with a small majority tends to be selective about which bills it places before parliament and which it holds back. The Law Commission consultation closes on 29 June. Further information is at:at http://lawcommission.justice.gov.uk/areas/insurance contract-law.htm http://lawcommission.justice.gov.uk/areas/insurance-contract Gold PagePage 13 13 TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June142015 Kent Earthquake It struck at 2.52am on 22 May. The focus – the point of origin of an earthquake - was ten miles underground. Its epicentre - the point on the earth's surface vertically above the focus - was a Ramsgate golf course in the CT10 postcode area. The most common on measure of the intensity of an earthquake is the Richter scale, developed by Charles Richter, of the California Institute of Technology in 1935. The Kent earthquake measured 4.2 compared with, for example, the April earthquake in Nepal at 7.9. Whilst the the figures don’t seem that far apart, the important feature of Richter’s scale is that it’s logarithmic and measures the wave amplitude of an earthquake. Waves are vibrations that transfer energy from place to place. We see something similar in a Mexican wave wave at a sports event. The wave moves around the stadium, while each spectator stays in their seat, only moving up then down when w it's their turn. Amplitude is the amount of up and down movement of a wave. The greater (higher) the amplitude, the stronger the wave. On a logarithmic scale, the waves on a 6.0 earthquake are ten times greater than on a 5.0 earthquake. More importantly for the damage, the amount of energy that is released increases by 31.7 times between each whole number. The Nepal earthquake was therefore 260,000 times stronger, in terms of energy released, than the Kent one. The majority of earth tremors are micro-quakes, micro registering less than 3 on the Richter scale and not felt by humans. Kent isn’t quite the San Andreas fault, but there was a 4.3 earthquake at Folkestone, just 25 miles away, in April 2007. We are interested in earthquakes on two counts. Whilst we mainly deal with subsidence claims, we are also asked by clients to deal with structural damage caused in other ther ways. There was such minor damage in the Kent earthquake that we haven’t received – and don’t particularly expect – any instructions. The other reason for keeping track of earthquakes is in case we find unexplained damage in the future. The last significant significant earthquake in the UK was in February 2008, 5.2 Richter, centred on Market Rasen, Lincs. . Gold Page 14 Page 14 TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June152015 Just a couple of years ago we were dealing with crack damage to a retaining wall in North Derbyshire. There was no obvious cause and all parties agreed that it was most likely due to the 2008 earthquake. The UK has many minor earthquakes - in June alone there have been 10 recorded up to the 19th according to the BGS web site and well over 20 in May. More are recorded in modern times due to the use of social networks to report them - Face Book, Twitter etc. Earthquake is one of the traditional perils. When insurers give restricted cover – for example on unoccupied buildings – it is called FLEA cover; fire, lightning, earthquake, aircraft. Sometimes it’s FLEEA cover, with explosion added. In most years there are few earthquake claims in the UK but there aren’t many aircraft claims - aircraft or things falling from them hitting a building - either If you need a quick reminder of recent UK earthquakes, ask a member of TCU to check T/Technical Information/ Earthquake. Otherwise get the full f detail at http://www.earthquakes.bgs.ac.uk/ Gold Page Page 1515 TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June162015 FOS Decisions - Conservatories Decisions Published on the FOS web site Conservatory Foundations DRN0762040 Building Regulation Compliance DRN6785040 Defective construction DRN6905404 Gold House purchased in 2006. Claim in 2009. Initially accepted. Subsequently emerged that previous owner had submitted a claim for conservatory damage which had been rejected. Damage to conservatory foundations due to PH’s trees. Current insurers then repudiated ed the new claim on basis of defective design. Repudiation upheld. ‘Innocent purchaser’ argument not applied. ‘The trigger for the insurer was finding out about that the previous owner had experienced a subsidence problem with the conservatory in 2005. It was therefore not unreasonable to change its position and use of the policy exclusion. I accept that Ms W has suffered a loss of expectation in view of insurer's change in position. However, the insurer had not started work on the conservatory and so the claim was still being considered.’ Subsidence damage to conservatory built in 2005. Insurers repudiated; inadequate foundations; faulty design. Insurers required to indemnify. They confused ‘guidelines’ with ‘rules’ and did not recognise that Building Regulations didn’t apply to this conservatory rvatory when it was built. Crack damage to conservatory in 2011. Adjuster understood that the conservatory had been built in 1995. Accepted as valid claim; the conservatory had stood the test of time. A year later, it was discovered that the conservatoryy had been built in 2004. Damage was seven years later. Claim declined on basis of defective design – inadequate foundations. Insurer’s position upheld. ‘The evidence suggests that the proximity of trees and the clay soil were not taken account of when the conservatory was built. Investigations had shown that the shrinkable clay beneath the conservatory contained tree roots. Therefore, I cannot suggest the insurer acted unreasonably.’ Page Page 16 16 TechnicalTechnical Bulletin Bulletin Subsidence InFront Innovation Management – Services Technical – Issued Hub by the Technical Claims Unit January 2014– 2014 Page June172015 Geology and Beer ‘Geology is a fundamental control on many elements of civilisation so it is no wonder that it is inextricably linked to one of the oldest concoctions of Mankind.’ This is the conclusion of an article in this month’s Geoscientist magazine. An aquifer is a layer of rock or soil able to hold or transmit a volume of water. The aquifer determines the chemical components of ground-water ground water and hence its effects on the local beer. For example: • • • Burton–on-Trent: Trent: well water comes from evaporate rich Permo-Triassic Permo sandstones and is hard and high in calcium and sulphate. (Bitter, including India Pale Ale [IPA]). Dublin: has water derived from Carboniferous Limestones. (Porter and Stout including Guinness). London: waters are from Cretaceous Chalk which gives a slightly different diffe ion composition to the Dublin waters. (Porter and Stout). That’s the educational element to justify inclusion in this Bulletin. The rest of the Geoscientist article is beyond our scope but is recommended reading for anyone interested in the evolution of beer from its early beginnings 7,000 years ago. http://www.geolsoc.org.uk/Geoscientist/June http://www.geolsoc.org.uk/Geoscientist/June-2015/Online-Special-Geology-and-Beer Gold Page Page1717
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