Many insureds do not even think of insurance when a piece of equipment breaks down. But equipment breakdown coverage, formerly known as boiler and machinery coverage, insures a wide variety of mishaps, from a malfunctioning motor that shuts down a production line to a refrigeration system that fails and results in the loss of frozen goods.
This insurance covers a business that suffers a breakdown or malfunction of a piece of equipment used in the business. The equipment may be mechanical (motors, engines, generators), electrical (transformers, electrical panels), computer-related (but not usually software), or air conditioning/refrigeration.
Equipment breakdown insurance pays for the cost to repair the damaged equipment, spoiled or damaged inventory, and – usually most importantly – lost income due to the breakdown. The breakdown of a significant machine or computer can bring business to a halt, and we have dealt with many claims where an equipment breakdown threatened the very existence of a company.
The insured had several presses that it used to manufacture auto parts, but the 1200-ton press was the largest and handled the parts for the insured’s most important customer. When the press went down, the replacement parts were not readily available and the customer went elsewhere, resulting in a massive claim for loss of income not just during the time the press was down, but even after it was back up and running since the customer never returned. We helped the insured present its complex business income loss claim to its insurer and managed to obtain the funds needed to keep the company afloat while it searched for new customers.
A negligent contractor caused an electrical arc that shut down the insured’s computer system. Since the insured ran a computer cloud business, the breakdown resulted in all of the insured’s cloud customers also losing the use of their systems. Over the next few months, customers fled because they feared that their systems were not secure, resulting in a loss of business income. The insurer fought the claim, arguing that the customer could have left for many reasons, but we eventually prevailed in an appraisal and the insured was awarded $2.2 million.
The insured food processor found tiny shards of metal in some of the food products it had prepared, and traced the problem back to a malfunctioning machine. Since it could not be determined when the malfunction first occurred, the insured had to destroy all of its present inventory and recall much more, resulting in a massive business loss claim. We assisted the insured with the insurance claim and managed to obtain a significant confidential recovery.
The insured found us through this web site. He operated a northern Ohio chinchilla farm, and hundreds of his animals had died when the power went out to one of the buildings where the chinchillas were housed, causing the animals to suffocate from lack of ventilation. He had called in the claim to his insurer and it had only taken them two days to deny the claim because there was ostensibly no proof the power interruption was caused by a mechanical malfunction — the only arguable covered cause of loss. Rutter & Russin hired an electrician and an engineer, who pinpointed the cause of loss as a defective wire, which caused a motor to short out — a mechanical malfunction. The insurer finally accepted this conclusion, but then argued that the policy limited coverage for farm animals to $5,000. Once again, Rutter & Russin proved them wrong, and the insurer ended up paying its $100,000 policy limits.
Policyholders making an equipment breakdown claim often face an uphill battle with their insurance company. The attorneys of Rutter & Russin are experienced in representing policyholders in this complex area of insurance law. Contact us today for a free consultation.