Disputed Business Insurance Claim for Accidental Damage

[debraragerhughes]

My question involves insurance law for the state of: Missouri
We have insurance. My husband owns a one person backhoe service. He dug up a communication cable. The rules say that if a utility mark is more than 24 inches "off" it is a "miss-mark" and he is not responsible. My husband took pictures(w/a measuring tape), and of the paint that CLEARLY show the cable MORE than 24 inches OUTSIDE the mark. We turned the dispute and pictures over to our insurance agent who turned them over to the company. I expect the company to pay the claim ($10,000), as it will be less costly than litigation. However we will have to pay a $1,500.00 deductible and expect rate increases. HOW can we recoup the deductible, and what are our rights in regard to the company paying a claim we can PROVE we are not responsible for?

[jk]

If it is mismarked, neither you nor your insurance company on your behalf should be liable for the damages. The company that provided the location and in their place, their insurance company, is who is liable.

[souperdave]

This link may provide you with some guidance or assistance.

http://www.mo1call.com/

Lot of info on the site. Hope this helps!

[jk]

319.041 does state calling for the location does not absolve an excavator from liability for damage but I would contest it arguing there was a detrimental reliance on the locators markings and even though you practiced safe and prudent excavating practices, the installation was damaged.