Analysis brought to you by FC&S Expert Coverage Interpretation, the recognized authority on insurance coverage interpretation and analysis for the P&C industry. To find out more — or to learn how to find answers to YOUR coverage questions — click here! Question: I have a claim in Wisconsin in which the insured's garage roof is sagging and one of the walls is bowing out. They did have heavy snow load on the roof, and that is believed to be the cause of the sagging and the bowing. The garage is still in use and can be used for its intended purpose. The garage door opens and closes. The insured did put a brace on the wall but there are no signs it was in danger of falling down. This is insured on an HO-0003 10-00. I do not believe it would be considered a collapse based on the definition of a collapse in the policy. I am debating whether it would be covered since weight of ice and snow is a covered peril on the policy. However, on page 9 of 22 it states: "We do not insure, however, for loss (to)... freezing, thawing, pressure or weight of water or ice, whether driven by wind or not, to a footing, foundation, bulkhead, wall, or any other structure or device that supports all or part of a building, or other structure." In researching the definition for snow, it is defined as the freezing of water into small ice particles. So I do believe that snow falls under the definition for 'ice' here. Do you believe this exclusion would eliminate coverage for the bowing of the wall and sagging of the roof, since the garage is not in a state of collapse?

— Illinois Subscriber

Answer: You are correct in that the sagging garage roof does not meet the policy definition of collapse; the policy clearly states that even if the building is sagging, bulging, bending, leaning etc., if it is standing, it is not collapsed. The collapse exclusion is separate from the freezing exclusion, and is read on its own. The collapse coverage has exceptions for perils under coverage C or weight of rain on a roof, but snow is not rain. Likewise, the Coverage C peril for Weight of Ice, Snow or Sleet is only for contents contained in the building and not the building itself. While snow is defined as ice crystals, it is not the same as ice. Merriam Webster online defines snow as: precipitation in the form of small white ice crystals formed directly from the water vapor of the air at a temperature of less than 32°F (0°C). Ice however is defined differently; ice is defined as: frozen water, a sheet or stretch of ice, or a substance resembling ice especially : the solid state of a substance usually found as a gas or liquid. The two are different substances, and the terms are not used interchangeably; weather forecasters will predict ice or snow, or both, but they do not predict for ice when it is going to snow. They are two different substances. Likewise, if you look at the coverage C perils, Weight of Ice, Snow or Sleet is a named peril. The three are different substances. Unfortunately, this only covers property inside the building, and not the building itself. While snow is not ice, the sagging exclusion applies even if the freezing exclusion does not. The freezing exclusion is more geared to freezing of ground water or water on the surface pushing on foundations, footing, fences, and other structures or expanding in such a way that the ice or freezing water causes damage. However, you only need one exclusion to deny coverage; unless the policy has specific wording that a certain coverage overrides an exclusion, the exclusion will stand. There is no such language in this policy, so the sagging garage is excluded. |

Snow and ice are different

Question: My insured is covered by an HO3 10/00. At the rear of his home, he has a large boat dock complete with a boat lift and metal canopy. My reading of the form would indicate that this dock would not be insured for damage (collapse) caused by weight of ice or water but would be covered for weight of snow. At first I thought snow might be considered "ice." However, snow is omitted from the limitations to docks under the collapse peril, even though it is listed separately as a covered peril under Coverage C perils insured against. Do you agree?

— Ohio Subscriber

Answer: Snow and ice, while both consisting of water, are two different things. By definition, according to Merriam Webster, "snow" is "precipitation in the form of small white ice crystals formed directly from the water vapor of the air at a temperature of less than 32°F (0°C) while ice is frozen water, or a substance resembling ice; especially: the solid state of a substance usually found as a gas or liquid." The physical structures are different, as is the formation. Weight of ice, snow, or sleet is a coverage C named peril. The restriction for docks under collapse does not include b.(1), the coverage C perils. The freezing, thawing, or pressure of water or ice exclusion does not apply to snow. If the dock is damaged by snow that fits the parameters of the collapse coverage, there is coverage. See also: |

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• 15 tips for driving safely on ice and snow