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Old 08-16-2015, 01:57 PM   #57
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It's not unclear. Here is an example for you. If you have liability insurance on your house, comprehension and property damage and your friend puts his car on your property and thee is a horrible fire burning your home to the ground and in the process your friends car is destroyed by the heat and flames of the fire, you and your insurance company is liable. That's what my insurance policy covers. It is what we have coverage for. That is only right. Now if the fire was set, then the insurance will pay the claims associated with the fire and go after the offender for repayment of what was paid out. If your insurance company doesn't provide that, perhaps you have the wrong insurance.
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Old 08-16-2015, 02:24 PM   #58
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Since when is this forum about showing what a superior English major you are. It seems some people want to help and others just want to show what superior intellect they have.
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Old 08-16-2015, 03:14 PM   #59
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Now my State Farm Insurance Agent was more than willing to file a claim, but was wondering why Camping World wasn't taking care of this and standing behind their customer's because they do have the same kind of liability protection insurance that State Farm sells to their business clients that do this type of work. They said that there was no excuse for them not doing their ethical obligation.

For a number of years I did litigation support as part of my practice (economic loss/wrongful death), and man I got to say - no companies named, but quite a number of carriers will deny liability out the gate as a matter of protocol.

The facts and common sense are not factors in that process. It's strictly business - if the injured party wants payment, they need to actively pursue it, no matter what the circumstances.

When you file a claim with your insurer, it becomes up to them if they want to actively pursue or not, depending on likelihood to prevail and cost/benefit. Again, strictly business.

As other posters said, you gotta get passed the "PO'd" period as it is only affects you personally. For every other party involved here, given no injuries or death, it is a total non-event property damage, and no amount of internal strife will change that.
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Old 08-16-2015, 03:15 PM   #60
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Since when is this forum about showing what a superior English major you are. It seems some people want to help and others just want to show what superior intellect they have.

Yep, totally agree, the OP posted in order to vent, or perhaps get some assistance, not for sharpshooters to critique his grammar skills! Hopefully he gets some resolution, and decides to stay on IRV2 instead of this turning him off to the site.
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Old 08-16-2015, 03:21 PM   #61
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One phone call.

For any RV or auto insurance claim you always deal with your own company. That's what you are paying for. Let them deal with whoever they need to to get their restitution.

And, yes, please use paragraphs!
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Old 08-16-2015, 03:38 PM   #62
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If your vehicle is at Any Dealership-Car, Rv, Boat etc- and "Comprehensive"{ fire, Wind, Hail,Vandalism, animal damage)etc damage occurs . Your Policy pays. Yes, your company can get their money back-if the dealer was liable.

The CW person was wrong when they told you their Ins Co. would pay.
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Old 08-16-2015, 03:59 PM   #63
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Yep, totally agree, the OP posted in order to vent, or perhaps get some assistance, not for sharpshooters to critique his grammar skills! Hopefully he gets some resolution, and decides to stay on IRV2 instead of this turning him off to the site.
Well said! I have found this thread to be very interesting as many have expressed excellent points of views and suggestions to the OP. What I do not, however, enjoy reading is when some implicitly insult, perhaps not intentionally, others! Those kinds of comments surly discourage members/viewers to initiate posting!
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Old 08-16-2015, 04:10 PM   #64
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If I missed it I apologize, but what I've not seen in this thread is any description of the fire. What burned, what caused the fire?

Bailment or not, CW is not automatically liable just because your RV is physically on their property, unless they are the cause of the fire. A business that takes custody of a customers property is expected to take all reasonable precautions to protect it while in their care, but without knowing the exact circumstances of the fire I'm guessing it was something that was neither directly caused by any negligence on their part nor was it anything that would reasonably be expected to be a problem. If negligence can't be imputed to CW, they will not be held legally liable. All of us carry some sort of liability insurance policy. If you read that policy language it says it will cover you for damage "you are legally liable for".

I do see some mistakes having been made here. One, the presumably well meaning employees of CW should not have been so quick to assume responsibility. Like many, if not most, (as evidenced by the responses to the OP) they no doubt assumed their employers insurance would cover the damage simply by virtue of the fact that it was incurred while on their property. These same employees won't make that mistake again.

Secondly, I'm going to make a wild guess - it was your agent that encouraged you to push CW to settle, not anyone in the claims department (the people that are actually responsible for handling your claim - the agent merely files the claim, in most cases). His/her agency is held responsible for their "loss ratio", in other words, the premiums collected measured against claims paid out. Regardless of fault levied no company can stay in business if over time claims paid out exceed premiums collected. Most agents may have a year or two in their careers where these numbers are upside down, not a big issue, but the company will keep track over time. Yes, any amount paid out will be off set by any subrogation collections, but they will hedge their bets, so to speak, if able. I'm guessing your agent made the same assumption everyone else did, again before the facts are known, it happened on CW property, they should take care of it.

Not all companies will handle filed claims the same way, so your results may vary, but in my decades at a State Farm auto claim desk a "not at fault" claim filed under your auto policy (RV policies are written in the auto company) would not cause you an increase in premium or put your policy renewal at risk.

If you haven't already, I highly recommend you let State Farm take care of this for you. You don't need the stress, their claims people need the work.
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Old 08-16-2015, 04:18 PM   #65
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Well said! I have found this thread to be very interesting as many have expressed excellent points of views and suggestions to the OP. What I do not, however, enjoy reading is when some implicitly insult, perhaps not intentionally, others! Those kinds of comments surly discourage members/viewers to initiate posting!
X-2 life is to short, help don't criticize.
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Old 08-16-2015, 04:46 PM   #66
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Garage Liability or Garagekeepers

Section II – Liability Coverage

Section II of the form is broken into two parts: garage operations other than covered autos, and garage operations covered autos.

The intent of the policy is to cover bodily injury or property damage caused by an accident arising out of garage operations. The policy defines garage operations as the ownership, maintenance or use of locations for garage business. It also includes the ownership, maintenance or use of the autos. The types of autos covered are defined in Section I, but for an auto dealer, you typically cover all owned autos, as well as non-owned autos used in the garage business (normally vehicles being worked on or stored).

The definition broadens the scope of coverage by adding a “catch-all” phrase. It states: “Garage operations also include all operations necessary or incidental to a garage business.” This wording is often open to interpretation by insuring carriers.

Also look at the definition of auto. This definition is simpler but still broad. The policy states, “Auto means a land motor vehicle, trailer or semi-trailer.” Unlike the CGL and business auto forms, there’s no reference to the auto being licensed for use on public roads, no reference to its number of wheels, mobile equipment or anything else.

With all this ambiguity and far-reaching language, what could go wrong?

Enter the exclusions. Exclusion No. 6 is the care, custody or control exclusion. It excludes property damage involving: (d) Property in the insured’s care, custody or control. Reading that exclusion, it becomes obvious that there is a problem with the customer’s vehicles. Any vehicle left with the garage business for repair, storage or even involved on a simple test drive is not covered based on this exclusion.

Keep in mind that third-party claims caused by the customer’s vehicle are covered, the vehicle itself is not.

Section III – Garagekeepers Coverage

Garagekeepers coverage is an optional line offering protection to the garage business for loss to a customer’s auto left in the insured’s care, custody or control. The policy clarifies that by saying, “while the insured is attending, servicing, repairing, parking or storing it in your garage operations.”

All garagekeepers intends to accomplish is to buy back the coverage lost in the care, custody or control exclusion under the liability portion of the garage form.

Garagekeepers coverage offers three options:

1. Legal Liability. This is the most common. The protection applies to a customer’s vehicle damaged due to the insured’s negligence – such as the mechanic wrecked the customer’s car while test driving it or the customer’s vehicle was left unlocked and unattended after hours.

2. Direct Primary. This form covers the customer’s vehicles regardless of liability. In a loss caused by no action of the insured such as a weather loss, or a theft although the vehicle was adequately protected, the direct primary garagekeepers pays.

3. Direct Excess. This is the rarest option, although it’s the best. The form affords protection to an insured for the loss to a customer’s vehicle regardless of liability, just as direct primary does. The difference is in the event of the insured having no liability, the form will only pay in excess of any other collectible insurance.

Source: Garage Liability or Garagekeepers? That Is the Question
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Old 08-16-2015, 08:14 PM   #67
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I would try contacting Marcus Lemonis (chairman and CEO of Camping World) through Good Sam Club or Motorhome magazine. They print his replies monthly.
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Old 08-16-2015, 09:16 PM   #68
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I would try contacting Marcus Lemonis (chairman and CEO of Camping World) through Good Sam Club or Motorhome magazine. They print his replies monthly.
Marcus has his happy face on the home page of RV.Net. Make some noise over there.
I suggest you check in with the IL attorney general, might so some good.
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Old 08-16-2015, 10:08 PM   #69
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I must agree the CW in Statesville, NC has been very good. There are always situations where thing are handled poorly no mater where you are. In today's world if you quit doing business with a company due to poor customer service, you'll run out of places to get parts or service from. That situation must be very a frustrating thing to go through I must say.


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Old 08-16-2015, 11:16 PM   #70
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For a number of years I did litigation support as part of my practice (economic loss/wrongful death), and man I got to say - no companies named, but quite a number of carriers will deny liability out the gate as a matter of protocol.



The facts and common sense are not factors in that process. It's strictly business - if the injured party wants payment, they need to actively pursue it, no matter what the circumstances.



When you file a claim with your insurer, it becomes up to them if they want to actively pursue or not, depending on likelihood to prevail and cost/benefit. Again, strictly business.



As other posters said, you gotta get passed the "PO'd" period as it is only affects you personally. For every other party involved here, given no injuries or death, it is a total non-event property damage, and no amount of internal strife will change that.

Yes, it's business. Don't let your personal feelings stand in the way of getting what is yours. File the claim, pay the deductible and let your insurance company fight it out on your behalf. That is what you pay your insurance company for. State Farm are not going to let CW's insurance company off the hook if they can help it. It's a fight, but not your fight.
Life is too short to get a stomach ache over this stuff. At the end of the day, even if you did not receive compensation for your detectable, would it change your life significantly?
Don't sweat the small things, and That Too Shall Pass. Sorry for your loss but it's only nuts and bolts, not life and limb.
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