Consequential damages is defined by the Pattern Jury Charge as: Scott C. Turner, Insurance Coverage of Construction Disputes § 6:22 (2d ed.). The notion that the insurance company should have to pay the fees associated with properly adjusting an insured loss is not a new idea. A waiver of consequential damages provision, such as that found in Section 8.1.3 of AIA Document B101-2017 Standard Form of Agreement Between Owner and Architect, waives only the owner’s right to claim those damages said to flow indirectly from your wrongful acts or breaches of contract (e.g. This means that you’re found at fault or negligent for someone else’s injury or damage. Consequential damages to common areas and unit owners’ property in a condominium complex that result from a subcontractor’s defective work constitute both “property damage” and an “occurrence” pursuant to the plain meaning interpretation of the terms as defined in the Insurance Services Office, Inc.’s (ISO) 1986 standard CGL form. A consequential loss is an indirect adverse impact caused by damage to business property or equipment. Consequential damage is included under comprehensive cover and is damage resulting from other damage. For example, if a tornado damages a flower shop, the owners would most likely lose revenue due to the fact that the building needs repairs. consequential damages are damages that do not arise directly from the breach, but are recoverable in limited circumstances. For example, if a car’s fan blade breaks off and damages the radiator to such an extent that the engine overheats, the damage to the radiator and engine is consequential damage. It is merely a straightforward application of the common law doctrine of consequential damages. Umbrella policies can cover what primary insurance excludes and/or additional coverage beyond the limits set in your other insurance. Consequential losses can result in substantial amounts of lost revenue. However, the policy doesn’t cover the consequential loss/expense of replacing the entire roof since the remaining shingles have not been damaged by other than normal wear and tear which is excluded elsewhere in the policy. Consequential Loss Insurance: Coverage, Claim & Exclusions Updated: 01-10-2019 11:44:46 AM An incident of fire has the potential to not only damage the goods and machinery, but also impact the projects in pipeline and in hand. This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. This may vary under non-ISO forms and some states have laws that govern "mismatched" repaired property. It covers in a variety of situations if you’re held responsible for bodily injury, property damage, or personal injury. Think of it as a ripple effect. (6) The purpose of consequential damages is to place the insured in the position that it would have been in had the insurance contract been performed. 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