After a disaster: Falling trees, rodent infestations and more
Coverage Q&A: It may be difficult to establish coverage for property damage that occurs in the aftermath of — and not as a direct result of — a natural disaster.
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Question: We have a claim in which a tree blown over during Hurricane Michael damaged a sidewalk. Is the damage caused by the tree covered?
The homeowners’ policy covers trees, shrubs and other plants but is limited to the following perils:
- Fire or Lightning
- Explosion
- Riot or Civil Commotion
- Aircraft
- Vehicles
- VMM
- Theft
― Texas Subscriber
Answer: You asked about damage to the sidewalk but referenced covered perils for the tree.
Does the insured or the county own the sidewalk?
If the sidewalk belongs to the insured, you need to look at the homeowners’ policy. In the standard HO 00 03, there’s no exclusion for trees falling on the sidewalk. If the sidewalk is owned by the county, then coverage would fall under liability.
Mouse in the house
Question: I have a question regarding an HO-3 homeowners’ policy. Our insured had a tree fall on the roof, which punched a hole through it. The hole in the roof allowed rodents such as mice to enter the home. The tree damage to the roof would be covered under the HO-3 policy but there is a rodent exclusion under:
Section 1 Perils Insured Against, A. Coverage A-Dwelling & Coverage B-Other Structures #2 We Do Not Insure, However, For Loss: c.(6)-G Birds, Vermin, Rodents, or insects…
Since the rodents entered the house due to a covered loss, “hole in the roof due to the tree,” would the cost to exterminate the rodents and any resulting damage they may cause also be covered?
― Utah Subscriber
Answer: There is no exception to the exclusion. So if the loss occurs as a result of a covered loss, there is coverage.
You also have the issue of how long the roof was left open. Rodents don’t generally move in immediately. They also can get in through the smallest of openings, which makes it difficult to determine exactly when they arrived, despite the fact that they were discovered after the event. Unfortunately, there is no coverage for the rodents in this situation.
Windstorm claim goes up in flames
Question: Our insured has a windstorm policy only. When Hurricane Wilma hit in October 2005, it took down a large tree in the insured’s yard as well as the power line. Power was out throughout the area from October until November 9. When the power company restored the power, the house caught fire.
We turned in a claim, but it was denied. We think that the proximate cause was the hurricane that took the tree and wire down. Had this not occurred, the power would not have had to be restored and the fire would not have occurred. The “power failure” exclusion says that any ensuing loss to property not otherwise excluded is covered. So we think the ensuing loss — the fire — is covered.
Please give us your opinion.
— Florida Subscriber
Answer: The Florida windstorm-only policy promises to pay for “direct physical loss to property” caused by the perils insured against. But the only perils insured against are hurricane (other than flood, related storm surge, etc.), tropical storm, other windstorm (such as tornadoes) and hail.
The exclusion for power failure states that if power failure results in a peril insured against, that ensuing peril will be covered. However, because the policy covers only loss by windstorm, that ensuing peril would have to be windstorm.
In any event, it appears the power loss occurred on, not off, premises.
Although not in the contract, the “outline of coverage” page included with the policy clearly states the policy “does not protect you against other perils such as fire or lightning.”
The only possible approach the insured might take is to convince the windstorm property insurance corporation, which issued the policy, that he reasonably expected that all losses flowing from the hurricane — such as falling tree, power loss, restoration, and resulting fire — would be covered.