Question: What is a detached structure? It is not a defined term in the homeowners' policy in question. Can you please point me to some material that addresses this term? For instance, is an asphalt driveway that is connected to the garage/home to be considered in the Coverage A replacement cost calculation? If the 'attached' driveway were damaged by a covered peril, would there be coverage?
— Connecticut Subscriber
Answer: It all depends on whether or not the driveway is actually attached to the dwelling, or simply abuts it. Most driveways abut the dwelling; they're poured concrete or asphalt that is not actually attached to the dwelling; the concrete is separate from the concrete for the foundation, for example. Another structure must be separated by a clear space, but it doesn't have to be a large clear space. The foundation to my apartment is concrete as is the walk up to the apartment, but there's a space between them; they are not one whole unit. The walk is another structure, even though it's very close to the dwelling. The ISO HO 00 03 states that structures connected by only a fence, utility line, or similar connection are still other structures. |
How does your garden grow?
Question: Our insured has suffered damage during a heavy windstorm to ornamental rock formations and gravel garden paths. The wind blew some of the gravel away, and also blew sand and other debris into the rock formations and onto the gravel paths. Cleaning up the debris and redoing the paths was a considerable expense. Is this covered as damage to "other structures" under homeowner Coverage B, or excluded as "land"?
— California Subscriber
Answer: "Land" is unimproved or land in its natural state, not something that has been designed and constructed on the land. These aesthetically designed portions of a garden seem clearly to qualify as "structures." A "structure," according to Webster's Third New International Dictionary, is "something constructed or built." Human intervention is necessary. Thus, the meaning of structures, as insured under homeowners' Coverage B, is not limited to buildings but includes other items as well. Since the damage was caused by an insured peril, wind, the coverage should respond in excess of whatever deductible applies. |
Coverage for sewer, water line damage
Question: After wind blew over a tree, underground roots damaged the insured's water line and sewer lines, which are connected to the dwelling. These lines also were underground. The insured has made a claim for the repairs to these lines under the DP-1 policy. Can these attached lines be considered part of the dwelling?
— Tennessee Subscriber
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