If we return to the original question I believe it had to do with a 13D
type system in a SFD. That being the case, and NFPA 25 nor 13D requiring
any IT&M on those systems the only lability an owner would have to keep the
system in good condition, or even turned on, would be a state or local
ordinance, on an insurance carrier's requirement.

On Sat, Nov 24, 2012 at 4:52 PM, Douglas Hicks <[email protected]> wrote:

> Not a sprinkler system, but there was a case involving a restaurant in
> Boston.  The suppression system was a dry chem system. There may have been
> appliance changes, but I do not remember.  I do remember several
> suppression system companies serviced the system once and declined to
> service it again, because it did not meet UL 300.  The FM also wrote the
> restaurant up for not meeting local codes.  The fire in 2005 leveled the
> building, the insurance paid $15,000.00 immediately.  After becoming aware
> of the system deficiencies, the insurance declined to pay any more.  After
> 5 or 6 years of litigation, the Judge determined the owner was at fault and
> the insurance company was not liable for the claim and was to be repaid the
> $15,000.00.
>
> -----Original Message----- From: Frank Herrick
> Sent: Saturday, November 24, 2012 9:56 AM
> To: <sprinklerforum@firesprinkler.**org <[email protected]>
> >
> Subject: Re: Interesting Question
>
> Hopefully not !! ,
>
> Your insurance rates are calculated on a properly installed and maintained
> sprinkler system. My question is: Where was the local fire department when
> this building had it's annual inspection, and did the FPC notify the AHJ
> that the system had failed, as required by most fire codes?
>
> Accidents are a chain of failures, if all this is true, there is a lot of
> shared blame between all the parties involved.
>
> If the insurance company did pay on this claim, I'd bet it was just a few
> cents on the dollar.
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> My opinion only......
>
> Capt. Frank J. Herrick
> City of Leawood Fire Department
> (Phone)  913-681-6788 x 26
> (Fax).     913-681- 2399
>
>
>
> On Nov 21, 2012, at 9:24, Bill Shipman <[email protected]> wrote:
>
>  A client posed an interesting question.
>> (1) Assume that your sprinklers were required by code.
>> (2) Your Insurance rate was based upon being fully sprinklered.
>> (3) Your system hadn't been inspected or properly maintained in several
>> years.
>> (4) You have a fire and the building & contents are a total loss.
>>
>> Would your insurance pay?
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-- 
Ron Greenman
Instructor
Fire Protection Engineering Technology
Bates Technical College
1101 So. Yakima Ave.
Tacoma, WA 98405

[email protected]

http://www.bates.ctc.edu/fireprotection/

253.680.7346
253.576.9700 (cell)

Member:
ASEE, SFPE, ASCET, NFPA, AFSA, NFSA, AFAA, NIBS, WSAFM, WFC, WFSC

They are happy men whose natures sort with their vocations. -Francis Bacon,
essayist, philosopher, and statesman (1561-1626)
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