Cross-Case Fragmentation: Same Damage, Four Separate Cases

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Insurer: Gjensidige • Affected cases: gjensidige_sag3, gjensidige_sag4, gjensidige_sag5, gjensidige_sag6 • Legal basis: FAL § 1, God forsikringsskik, Aftaleloven § 36

Cross-Case Fragmentation (EN)

What Is Fragmentation?

Fragmentation is a technique where an insurer splits physically connected damages into separate cases — then treats each case in isolation, as if they are independent. By ignoring the physical connection, each case is reduced to a seemingly smaller problem that is easier to reject.

Four Cases in the Same 2×3 Meter Area

All four cases concern damage in precisely the same 2×3 meter area at the building's foundation:

Case Damage Type Status Amount
Case 3 Massive foundation cracks Court case Not quantified
Case 4 Asbestos in the soil Board (awaiting) 0 DKK paid
Case 5 Basement floor buckling Board (complaint filed) 0 of 13,560 DKK
Case 6 Sewer break and rats Rejected 0 of 245,000 DKK

Physically, these four cases are one connected damage complex. The foundation cracks (Case 3) are connected to soil movement affecting the basement floor (Case 5). The sewer break (Case 6) contributes to soil displacement. The asbestos tiles (Case 4) were found at the same foundation during excavation.

The Same Assessor — Instructed to Ignore the Connection

Gjensidige used the same assessor (Sedgwick) for all four cases. The assessor was on the property, inspected the same area repeatedly — but was instructed NOT to investigate or report on the cross-case connections.

This is not coincidence. When the same professional sees the same damages from four different angles and still does not comment on the connection, it is because they have been instructed to keep the cases separate.

Why Fragmentation Works

Fragmentation is effective because it:

  1. Reduces each case's scope: Each case appears as a smaller problem
  2. Prevents the full picture: When boards or courts see only one case at a time, they miss the overall pattern
  3. Multiplies the consumer's burden: The Claimant must document, argue, and complain in four separate cases — with four separate deadlines, four separate appendices, and four separate processes
  4. Shields the insurer from the full picture: If all four cases were handled together, the scope and severity would be obvious

The Consequence in Numbers

What Good Insurance Practice Requires

Good insurance practice and the Danish Insurance Contracts Act § 1 require the insurer to handle cases loyally toward the insured. Deliberately splitting physically connected damages to handle them in isolation is the opposite of loyal treatment — it is strategic fragmentation designed to reduce the insurer's exposure.

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