Claim denied after busy basketballers damage roof tiles

Coverage Q&A: Homeowners failed to anticipate the potential damage from a new basketball hoop. Should they have to pay for repairs?

If a neighbor child caused the roof damage in question, depending on the situation, subrogation may be possible. (Photo: Shutterstock)

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Question: Regarding a homeowners’ policy (HO 00 03 10 00): A lady literally just purchased one of those freestanding basketball hoop to put in their driveway when the kids began playing with it for the first time. She came home to a bunch of damage to the lightweight concrete roof tiles on the garage, which is located behind the portable basketball hoop.

The claim is being denied for wear & tear. But I feel like if it was literally the first instance of it occurring. Even if there were multiple impacts from the basketball, it was a child that was doing it and should likely be covered.

Do you feel as though there would be covered under this circumstance?

If it had been something that was ongoing, and the parent should have likely known that their kids had been hitting the garage, would your opinion change?

Lastly, what if it was the neighbor kid who threw the ball on the garage and broke the roof tiles?  Would it then also have the potential for subrogation against the neighbor or a liability claim against their homeowners’ policy?

— Hawaii Subscriber

Answer: This is akin to a hail loss; the damage can be placed to a specific time and specific actions. If the homeowners knew this was happening and let it continue, then that would be negligence on their part. They have a duty to protect the property.

However, with a brand new basketball hoop, they probably didn’t anticipate damage to the roof. The roof should be repaired, and the hoop should be moved or some other measure should be taken to avoid further damage.

As far as your question regarding a neighbor child causing damage to the roof, yes, depending on the situation, subrogation may be possible.

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