A father and daughter were travelling in their car during a severe wind storm when a large tree fell and crushed the roof of their vehicle, killing the father.
The tree that fell was located on land owned by the insured, which was being developed for an apartment complex. An argument has been made that the insured was negligent in its development of the land and the wind wouldn’t have caused the tree to fall without that negligence. The value of the claim is estimated at $3 million, given the loss of consortium claims of the wife, two surviving young children and the economic loss to the estate.
The case is pending, but in this case, the insurer may be able to recover from its casualty facultative policy because it purchased an excess of loss reinsurance certificate from Berkley Re Solutions.
Products and services are provided by one or more insurance company subsidiaries of W. R. Berkley Corporation. Not all products and services are available in every jurisdiction, and the precise coverage afforded by any insurer is subject to the actual terms and conditions of the policies as issued.
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