Our insured carries a commercial property policy (CP 00 10 04 02) with the special causes of loss form (CP 10 30 04 02) attached. The insured owns a car wash which has a boiler system connected to plastic piping. The piping runs inside the cement flooring to prevent the floor from freezing. The sole purpose of the boiler is to heat water to run through this piping.

The insured states that for some unknown reason the boiler shut down, possibly from an air pocket in the system or a power outage. The insured noticed ice forming in the bays after a couple of days. He checked the boiler and it was off.

There was no damage to the boiler, but the plastic lines that run inside the concrete flooring ruptured.

It is our opinion that C. LIMITATIONS a. (on form CP 10 30) applies; that this damage was "caused by or resulting from any condition or event inside such equipment" [a boiler].

Additionally, if that limitation does not apply, is the piping set in the concrete floor considered underground piping and therefore "property not covered?"

Michigan Subscriber

The damage to the pipes set in the concrete floor is covered, and, as is probably the heart of the claim, so is the cost to get at and repair the pipes.

The commercial property policy specifically makes "underground pipes, flues and drains" property not covered. However, as the pipes were inside the concrete flooring, and not under it, they cannot be said to be underground pipes. Therefore, the pipes are insured property.

You are correct that damage stemming from an event inside a boiler is excluded under the commercial property policy with the special causes of loss form attached. However, in this case, it was not an event inside the boiler that caused the damage; but instead, the cause of damage is "freezing." For example, if it had been a 35+ degree day and the system had ceased to function, no damage to the pipes would have occurred. Therefore, the damage is from a non-excluded cause of loss (freezing) and not the excluded cause of loss of an event inside a boiler.

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