Solar Panels Blow Off Roof and Fall on Cars, Insurer Not Liable to Pay

LEMONADE TRADITIONAL CLAIM SETTLEMENT

The Disputes Committee of the Dutch Financial Services Complaints Institute (Kifid) ruled that insurer Lemonade Insurance rightly refused to cover the damage to cars after solar panels blew off a roof.

Last July, the summer storm Poly caused six solar panels to blow off a consumer's flat roof. The solar panels fell onto two parked cars belonging to the neighbors. The solar panel owner unsuccessfully claimed the damage to the solar panels through their contents insurance, and the insurer denied the claim for the damage to the cars.

1. Contents Insurance

  • The insurer rejected the claim because solar panels, as parts of a building, are not covered under contents insurance. The insurance company advised its client to seek coverage under their building insurance.
  • Additionally, the insurer informed the consumer that the damage to the neighbors' cars is not eligible for compensation because the damage was not caused by unlawful conduct.

2. €5,000

  • However, the consumer believes the insurer wrongly rejected her claim on both the contents and liability insurance. Therefore, she sought €5,000 from the Disputes Committee, including the damage caused to others by the fallen solar panels.
  • The consumer argues that the insurance company did not sufficiently consider the fact that the solar panels were not firmly attached to her home. Although the insurer sent the consumer a list from the Association of Insurers, the consumer claimed that this document was not part of the documents received when the insurance was taken out.

3. Not Covered

  • The Disputes Committee found that the terms of Lemonade Insurance's contents insurance state that the policy covers "the belongings you own and that are normally present in your home and that are damaged or lost." Under the section "What is not insured," it states that the insurance only covers "items that are normally kept in your home, on your balcony, terrace, in your garage, shed, or storage room in your building."
  • The Disputes Committee concluded that the consumer's solar panels were not located in the home, on the balcony, terrace, in the garage, shed, or storage room in the building. Therefore, the damage to the solar panels is not covered under the contents insurance.

4. Understanding

  • The Disputes Committee expressed understanding that the consumer feels responsible for the damage to the neighbors' cars, but this does not automatically mean she is liable for the resulting damage.
  • The liability insurance terms state that the insurance provides coverage if the consumer, as a private individual, is liable for causing material damage or injury to another person. Because the consumer was not negligent or committed an unlawful act, the insurer is not required to compensate the damage to the cars.

All in all, the Disputes Committee ruled that it has not been established that the consumer is liable for the neighbors' damage and that the damage to the solar panels is not covered under the contents insurance. As a result, the insurer rightly rejected the claims on both the contents and liability insurance. For this reason, the Disputes Committee dismissed the consumer's claims.

RISKSHARE AI CLAIM SETTLEMENT


The handling of the damage claim described, where solar panels blew off the roof and damaged cars, could be partially managed by AI. Here are the different aspects of the claim and how AI could play a role:

1. Collection and Analyzing:

  • Data Collection: AI can assist in gathering relevant information from the participant, such as photos of the damage, descriptions, and documents related to the risk sharing scheme.
  • Automatic Analysis: AI can analyze the claim and determine whether the damage is covered under the risk sharing terms specified in the smart contract. Upon analyzing the terms in the smart contract, the AI concludes that solar panels, as part of the building, are not covered.

2. Communication with the Participant:

  • Providing Information: AI can provide automated responses to frequently asked questions and inform the participant about the reasons for the claim denial.
  • Referrals: AI can refer the participant to the correct risk sharnig scheme,  for example, by advising them to make a claim under the building's risk sharing scheme.

3. Dispute Resolution:

  • Dispute Analysis: AI can assist in analyzing complaints and disputes by comparing the risk sharing settlement with relevant settlements recorded on the blockchain. This analysis helps in identifying patterns and deviations from standard practices.
  • Decision Support: AI can aid participants, advisors, and experts by identifying relevant precedents. By analyzing historical data, AI provides insights that support informed decision-making.

4. Reporting and Documentation:

  • Reporting: AI can generate automatic reports of the damage claim, decisions, and communication between the participant, advisor, and expert.
  • Document Management: AI can manage documents and ensure that all relevant pieces are available to the participant, advisor and expert.

5. Limitations of AI:

  • Complex Assessments: While AI can assist in analyzing risk sharing schemes, human judgment is often required for complex decisions involving nuances and interpretations.
  • Emotional Intelligence: AI lacks the ability to show emotional intelligence and empathy, which can be important when dealing with distressed or frustrated participants.
  • Final Decision: Final decisions, especially in disputes, often require human intervention to consider all factors and ensure a fair and just outcome.

Ultimately, while data and technology play vital roles, the human touch from advisors and experts is essential. Their insights, empathy, and understanding of individual needs elevate the experience, ensuring that solutions are not only effective but also resonate on a personal level. This blend of expertise and personal connection fosters trust and drives meaningful outcomes.