Form B1-1802 and Liability

Local Inspection Issues Florida and SUNachi Inspectors
1

Group,

For the sake of discussion and exposure I submit this from form B1-1802:

Verified cyclic pressure & large missile (9-lb for windows doors/4.5 lb for skylights)

While I personally do not persue Insurance business and generally will only perform this inspection as an add on too a home inspection wondering about liability.

If performing an inspection on a home and one was able to identify that the window protection panels were labeled as large and small missile impact rated would you you automatically check off the box as protected?

The reason for asking this question is without having the product approval for the installed product one can not make a determination that the installed panels meet the required clearance from the glazing.

So the question becomes I have reviewed the product approval and Mr. homeowner the installation approved by the local Jurisdiction does not meet the requirements.

Or you approve and after the next hurricane get sued by the Insurer as the installation did not meet the requirement.

Remember the AHJ can not be sued is insurance capable oi inheriting this risk?

2

I doubt that any wind mit inspector will ever get sued effectively due to all the constant and many chances. I think I have heard of one case so far.

I personally do my best and have a reason why I do everything and I do not worry.

Just me so take it for what it is worth.

3

Hello Mark,

I do not see any liability in the product failing during a storm. The form clearly states that it is “for inspection purpose only and cannot be used to certify any product or construction feature as offering protection from hurricanes.”

I do a significant amount of insurance inspections. I do not see any real liability with the wind mitigations. According to our e&o provider, there is little or no risk.

Now 4 point do worry me, but that’s something else.

4

I agree w-J

5

At least one insurance company does not agree. While talking to my insurance agent a couple of years ago, I mentioned that I was doing Wind Mits and he told me that the company would not provide any coverage for them. At the time he said that since the form mentioned building codes they considered them a code inspection.

I tried to argue that it only determined what code the roof was installed under and that the determination was made solely by the permit date. They would not budge so I had to change insurance companies.

6

I ran into the same thing going through the local agents.

They use a set of check box forms to decide what we do and how it fits.

Give Inspector Pro Ins. a call. They insure many of the re-inspectors for the re-inspection program.