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 glass breakage claim to a residential home with a HO-3 Special Form policy. Based on our expert's report, the damage to the windows was the result of impacts that originated from the interior of the residence. The home is not vacant and is a primary residence. It is unknown as to what impacted the windows, but the damage came from impacts that originated from the interior of the residence. Is this covered?
— Virginia subscriber
Answer: Unless the cause can be determined, or at least be determined to be an intentional act, wear and tear, or earth movement, there are no exclusions that prohibit coverage. The aforementioned exclusions are the exclusions that would most likely exclude coverage other than war, nuclear hazard or governmental action, and those are a stretch. There is no exclusion for unknown cause of damage. |
Deer vs. television set
Question: Under the peril of "falling object" in the homeowners' policy, would there be any coverage for a damaged television caused by a deer that entered a house by jumping through and breaking a glass window?
— Kentucky subscriber
Answer: You have an interesting scenario. The policy doesn't define "falling object," and in such situations, it is customary to go to a standard desk reference. Merriam Webster Online defines "object" as "something material that may be perceived by the senses." Using this definition, the deer can be considered an object. "Fall" is defined as "to descend freely by the force of gravity, or to leave an erect position suddenly and involuntarily." This is where this claim becomes difficult; was the deer falling or jumping? "Jump" is defined as "to spring into the air: leap, especially to spring free from the ground or other base by the muscular action of feet and legs." It sounds like the deer truly jumped through the window, versus tripping over a chair on the patio and falling, although what really happened is a matter of fact. Therefore, if the deer jumped through the window, there is no coverage under the policy. Jumping animals are not a covered peril. |
Is a window part of a wall for insurance purposes?
Question: We have a loss involving a broken window resulting from a heavy windstorm. Rainwater entered through the broken window and caused damage to personal property contained within the dwelling. Our policy says the following: "Perils Insured Against... (include) Windstorm or Hail... provided coverage if a wind causes an opening in a roof or wall." Do you consider a window to be a wall? We believe a window and a wall are essentially the same thing and that coverage would apply for the loss to the personal property in these instances. Do you concur? Thanks for your time.
— California subscriber
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