Ah, summer. Time for barbeques, picnics, and fun by the pool—unless you work in insurance, where the mere mention of an insured with a swimming pool sends underwriters running for cover.
For an underwriter, summer is an attractive nuisance nightmare. People are outside, and that means swimming pools, swing sets, and the ever-dreaded trampoline. Even the American Academy of Pediatrics has come out against trampolines as dangerous objects both at home and in playgrounds, and many carriers will not write a dwelling that has one, even if it has the side netting.
Swimming pools are another well-known attractive nuisance, and if a carrier is willing to write one there are usually many required specifications, such as the pool being surrounded by a locking fence of a certain height, ladders being kept away from the pool unless in use, and other such requirements.
The Centers for Disease Control indicates that among 0-4 year olds, 69 percent of drownings for which the location was known occurred in swimming pools. Most children were being watched by one or both parents, were last seen inside the home, and had been out of sight less than five minutes.
Swing sets are notorious for falls that cause fractures. The Consumer Product Safety Commission indicates that 22.8 percent of emergency room visits for playground injuries were the results of home play sets, including swing sets.
While we all survived to adulthood, being a kid can be dangerous. So what's your favorite attractive nuisance? What new backyard toys are likely to be added to the list of things that scare underwriters?
This blog post is meant to provide insights into insurance coverage issues in general, and does not necessarily account for the differences in law and practice in different venues. As such, the opinions expressed within should not be construed as legal advice for the unique circumstances of any particular claim or suit.
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