Contract analysis
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Contract analysis / mediation-damages-summary-exhibits.pptx
mediation-damages-summary-exhibits.pptx
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1. Windstorm Sub-Limit: Ironclad asserts a $15M named-windstorm sub-limit applies — VHG co
1. Windstorm Sub-Limit: Ironclad asserts a $15M named-windstorm sub-limit applies — VHG contends this was deleted at the July 2022 renewal per broker negotiations
2. Period of Restoration: Ironclad argues VHG unreasonably delayed restoration — VHG demon
2. Period of Restoration: Ironclad argues VHG unreasonably delayed restoration — VHG demonstrates closures were the minimum necessary for repairs
3. Concurrent Causation / Flood Exclusion: Ironclad claims storm-surge damage at Grand Key
3. Concurrent Causation / Flood Exclusion: Ironclad claims storm-surge damage at Grand Key triggers the flood exclusion — VHG invokes Florida's efficient proximate cause doctrine (wind was the predominant cause)
4. Failure to Mitigate: Ironclad alleges VHG failed to take reasonable steps to reduce the
Medium
⚑ Notice / time limit to track
4. Failure to Mitigate: Ironclad alleges VHG failed to take reasonable steps to reduce the interruption period — evidence demonstrates comprehensive mitigation efforts [slide 14] Windstorm Sub-Limit — VHG's Strongest Argument Ironclad's position: Policy contains a $15M named-windstorm sub-limit for BI VHG's position: Sub-limit was expressly deleted during July 2022 renewal negotiations Key evidence: Broker correspond