Cross-Case Fragmentation: Same Damage, Four Separate Cases

9/10
Insurer: Gjensidige • Affected cases: gjensidige_sag3, gjensidige_sag4, gjensidige_sag5, gjensidige_sag6 • Legal basis: Bekendtgørelse nr. 1557 af 6. december 2024 om god skik for forsikringsdistributører § 4, 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 Cases Were Handled Separately

The four cases in the same area were handled separately — and it does not appear from the reports that the connection between the cases was investigated or assessed.

Whether the division stems from an instruction or a practice, I cannot document. But the consequence is that each case appears smaller than it is when the connection is viewed as a whole.

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 god skik rules (Bekendtgørelse nr. 1557 af 6. december 2024 § 4) — require the insurer to act honestly and fairly towards its customers. Splitting physically connected damages and handling them in isolation is, in my assessment, not consistent with loyal treatment.

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