Search
 

Wrath of Old Man Winter

It's still winter, and that leads to questions from adjusters about claims involving frozen pipes.

By Christine G. Barlow | Updated on January 31, 2010
The decorations are put away, the eggnog is finished, and people are hoping the groundhog didn’t see his shadow. But whether he did or not [Editor's Note: He did], it’s still winter, and that leads to questions about claims, particularly ones involving frozen pipes.

We see frozen-pipe questions particularly in situations where the insured has gone someplace warmer for a while, left the house unattended, and returned to a flooded residence. Exactly how the house was left is critical to whether or not coverage exists. The HO 00 03 10 00 policy language excludes freezing unless one of two conditions exists: The insured had to either maintain heat in the building, or shut off the water supply and drain all systems and appliances of water. The former is more likely when the insured has gone to the beach for a week, and the latter is more common for snowbirds that winter in Florida or some other warm state.

A Question of Maintenance

But what is maintaining heat in a building? A subscriber had a situation in which an insured was moving out of the home and was using space heaters instead of the furnace to heat the dwelling, since he was not there much of the time. While it was an attempt to maintain heat in the building, it was a rather lackluster attempt. The policy requires the insured to use reasonable care in maintaining the heat, and we do not see space heaters as reasonable care. In our opinion, this claim should be denied.

Want to continue reading?
Become a Free
PropertyCasualty360 Digital Reader.

INCLUDED IN A DIGITAL MEMBERSHIP:

  • All PropertyCasualty360.com news coverage, best practices, and in-depth analysis.
  • Educational webcasts, resources from industry leaders, and informative newsletters.
  • Other award-winning websites including BenefitsPRO.com and ThinkAdvisor.com.

Already have an account?

NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Recommended Stories

PropertyCasualty360

Join PropertyCasualty360

Don’t miss crucial news and insights you need to make informed decisions for your P&C insurance business. Join PropertyCasualty360.com now!

  • Unlimited access to PropertyCasualty360.com - your roadmap to thriving in a disrupted environment
  • Access to other award-winning ALM websites including BenefitsPRO.com, ThinkAdvisor.com and Law.com
  • Exclusive discounts on PropertyCasualty360, National Underwriter, Claims and ALM events

Already have an account? Sign In Now
Join PropertyCasualty360

Copyright © 2024 ALM Global, LLC. All Rights Reserved.