River Ridge Mall

Review: On Labor Day weekend I attended a move at River Ridge Mall and while in the movie one the light in the parking area fell on my car damaging my hood. The Security people where there when I reach by car and advised me and the three people with me what had happened, that this was not the first time it had happened at the mall and that the owner's would take care of the damage. I was required to obtain two estimate of the damage and then after two weeks was told it was the responsibility of the electoral contractor that performed their work. I then had to wait on them to file the claim with [redacted] and several days later received the expected denial of my claim as they had not performed work on this light. I was then told it was a different sub contractor and several days later received a letter from the Risk Manger for the owner of the Mall stating they were not liable as the light fell as a result of a storm and thus was an Act of God. The Mall is self insured insured and clearly attempting to duck this claim and their liability. I am a commercial insurance producer for a large insurance organization and have been in this business for43 years and know there is no such relief from liability, especially when this type of claim has happened more than once and the security for the mall assumed the liability in front of three witnesses. I would appreciate any help you can offer to force them to pay for my damage. It took until yesterday to receive the denial, I have been taken my personal time to comply with their requirements and have over $1,600 damage to my car/ Thank you.Desired Settlement: Simply pay for the damage as a result of their negligence in maintain a safe environment for the patrons of the mall including the rental car for the four days required to repair the damage.

Business

Response:

I am the Risk Manager for ERMC which handles the claims for River Ridge Mall. The fixture in question was examined and repaired by a Certified Electrical Contractor who supplied us with a written report that this fixture was struck by lightning causing it to explode. I have checked and am not aware of any statement made by any of our personnel accepting liability. However no one other than our legal department, claims adjuster or myself has the authority to accept liability for any claims. There is no liability to the mall for lightning causing damage to this individual's auto. It would be no different if a tornado came through this property and totaled his auto, or a tree being struck by lightning causing it or a limb to fall damaging some ones property. This is out of any ones control and would unforeseen. The malls policy would replace damage to the malls property but not to property of a third party. I am unaware of any case law in Virginia that imposes coverage for a third parties damage due to an Act of God. Therefore I have determined we are correct in denying liability. Thank you, [redacted]

Consumer

Response:

As an insurance professional for 43 years I am aware that there is no such exclusion in a general liability policy for an "Act of God". I can produce three written statements from witnesses at the accident that night verifying the mall security acknowledged this was the fault of the mall and they would take care of my damage. If the risk manager truly believes his position then why was I asked to obtain two separate estimates at my own time and expense, and then have to work with their subcontractor (his first attempt to duck the claim by alleging the maintenance contractor was responsible, which I knew was not true also) which was ultimately and correctly denied and then he attempted to lay responsibility on a different sub contractor which once again failed and then as a last resort denied my claim as an "Act of God". I know the mall is self insured and this nothing more than an attempt to duck their liability and save the money. I still think they should pay the lesser of my two estimates to repair my auto and the rental cost for an auto for the repair period. It has been since labor day weekend this occurred.

Business

Response:

Mr. [redacted] states they have worked with the consumer to resolve his complaint.

Consumer

Response:

I have settled with the business for one forth of the damage and their statement of no liability. I figured one forth was better than nothing.

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,