Construction Law/Insurance claim
I am the represnetative of Contractor, our Subcontractor has damaged Construction site property by its equipment, as per Insurance policy we have deductibles and itís mentioned as US $ 250,000 but the claim itself is coming up to $ 160,000.
My question is
This claim has to be raised by Subcontractor or Contractor since Subcontractor has disagreed to raise the claim asking he has informed the damage by letter to Contractor so Contractor has to get compensated by his own through insurance (CAR) policy. In clause it has clearly mentioned the deductible what so ever shall be bear by Subcontractor.
Furthermore if the claim is less than the deductible as mentioned above in such case the claim will be sustained or it is incorrect to make any insurance claim. I am in doubt small claims cannot be raised in such case.
It seems to me that 250k us dollars is too high for deductibles. you might need to recheck and confirm because such deductibles might be suitable for high liabilities.
In your stated case, it is not reasonable to claim the 160k if you have to pay the same as deductibles.
One more thing is not clear: how do you have your subcontractor responsible to pay the deductibles on you own insurance policy?
Please clarify and we can discuss it again