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After the loss: three decisions taken once

8 min of reading

The whole course deals with the loss: what it destroys, who pays for it, how it is proved. Nobody deals with what comes after, although a damaged project does not resume where it stopped. It restarts with a schedule to redo, a policy partly consumed, contractors some of which will not return, and a relationship with an insurer that is no longer what it was. That period, lasting months, contains three decisions each taken once and paid for long afterwards.

The first concerns the consumed limit, and it is poorly understood because it contradicts a reassuring intuition. A construction policy carries a limit per loss, but also, almost always, an aggregate cap for the contract period, and a twenty million loss on a thirty million limit rarely leaves thirty million available for what follows. The question to ask as soon as settlement is secured is therefore what remains, and the answer depends on a reinstatement clause: automatic and free, automatic against additional premium, or non-existent. It is the same mechanics the module on layers described between floors, applied this time over time on a single contract.

The second decision concerns duration. A loss delays the project, and the policy expires on its contractual date without regard for the delay, exactly as during a stoppage. Extension is therefore needed, and it is negotiated from a position that has just deteriorated: the insurer now knows the risk's real behavior, it has paid, and its view of the file has changed. The moment to ask is while the settlement is still being discussed, because the two subjects are then handled together; asked six months later, the extension becomes an isolated negotiation on a risk that has demonstrated its loss experience.

The third is renewal, and it reaches beyond the project. A loss enters the insured's record and follows its corporate program for years. On a large group placing several projects a year, a heavy loss on one turns up in the discussion of all the others, including those with no connection. That consequence appears in no document of the file, it is never quantified, and it explains trade-offs that look irrational when viewed project by project, such as not notifying a modest loss so as not to open a line in a record.

That last practice deserves examining rather than judging, because it is widespread and carries an underestimated risk. Not notifying a loss below or slightly above the deductible looks consequence-free: the insurer would have paid almost nothing. But the modules on notification and on aggravation showed what becomes of a known and unspoken fact if a second event occurs in the same place, and an unnotified defect that later proves to be the first sign of a series flaw is exactly the configuration where the initial silence costs most. The calculation is therefore made on the risk that the modest loss is the first of a family, not on its own amount.

The physical resumption of the project raises a cover question nobody asks. The repaired works are not the original works: they carry a repair, made in haste, sometimes by a firm different from the one that built, under a method adapted to the constraints of the moment. A later defect in the same place will be argued in the light of that repair, and the original contractor will not warrant what it did not do. Documenting the repair, as-built drawings, test records, who did what, is therefore what will later allow separating what belongs to the repair from what belongs to the works.

That leaves a human consequence that is anything but anecdotal. After a heavy loss the teams change: the site engineer is replaced, the project owner's insurance manager moves on, the adjuster closes its file. Knowledge of what happened disperses within months, and what remains is what was written. A properly archived loss file, with its dates, its successive positions and its documents, is therefore worth far more than its size suggests: it is the only thing that will survive when a defect returns to the same place in four years, before people none of whom were there.

The worked case

An eighteen-month project is insured on a 30 million euro limit per loss, with a 45 million aggregate for the contract period and an automatic reinstatement clause against additional premium. A collapse in May is settled at 21 million. The project resumes in September with nine months of works remaining, while the policy expires in five months. Two months later, in November, localized settlement causes 340,000 euros of damage, barely above a 300,000 deductible, and the project owner is considering not notifying it so as not to weigh down its record before the group program renewal in January. What are the three decisions to take, and in what order?

The analysis

They are taken in the reverse order of their visibility. The most urgent is the least visible: 24 million remains on the aggregate, not 30, and reinstatement is not free, so real capacity for the remaining nine months must be established and, if judged insufficient, the additional premium paid. Nobody asks that question because the May settlement was perceived as a success. The second is the extension: nine months of works against five months of cover, and the moment to ask was May, while the settlement was still being discussed and the two subjects could be handled together. Asked in September, it becomes an isolated negotiation on a risk that has just cost 21 million, and that is the worst position from which to obtain it. The third looks the most subtle and is the most dangerous. Not notifying the November 340,000 to protect the January renewal is a calculation bearing on the wrong object: the question is not what that loss would cost the file, it is what it becomes if the November settlement turns out in a year to be the first sign of a foundation defect linked to the May collapse. A known and unspoken fact, in a configuration where a second event occurs in the same place, is exactly what the modules on notification and on aggravation describe, and the November silence would then be paid for on the next loss and not on this one.

What to remember
  • 01A settlement consumes the aggregate as much as the per-loss limit: the question to ask as soon as settlement is secured is what remains, and the answer depends on a reinstatement clause.
  • 02The policy expires on its contractual date regardless of the delay: extension is asked for WHILE the settlement is being discussed, where the two subjects are handled together.
  • 03A loss follows the corporate program for years and weighs on projects with no connection: that consequence appears in no document and is never quantified.
  • 04Not notifying a modest loss is calculated on the risk that it is the first of a family, not on its own amount: a second event in the same place reopens everything.
  • 05The repaired works are not the original works, and teams change within months: what will survive in four years is what was written during the repair.

The notions in this module