Our client suffered a total fire loss to his business, insured on commercial property form CP 00 10 04 02. The debris from the destroyed building has fallen into the foundation and is heaped above ground level. The insurer states that it is not responsible for removing the debris from within the foundation walls; its only responsibility is to pay for removal of debris above ground level, and fill any remaining hole with dirt so as to level the surface. The adjuster cites exclusion 2.f. property not covered: "Covered property does not include… the cost of excavations, grading, backfilling or filling."

Does this exclusion preclude coverage for this debris removal?

Illinois Subscriber

We think the insurer is mistaken in applying the exclusion of coverage for the cost of excavation to the debris removal provision. They are two distinct things. The policy states that the insurer will pay the cost to "remove debris of covered property caused by… a covered cause of loss." The fire was the covered cause of loss, and the resulting debris of the covered property is what must be removed from within the foundation walls. There is nothing within the additional coverage that limits what debris will be removed.

The cost of excavation exclusion, on the other hand, is found within a list of items that are either uninsurable (such as contraband) or should be insured elsewhere (such as automobiles held for sale). Further, "the cost of excavations" appears within the list of other items commonly associated with new construction: "grading, backfilling or filling."

The debris removal additional coverage provision contains only one exclusion, and that is for the cost to extract pollutants from land or water, or to remove, restore, or replace polluted land or water. If another exclusion were to apply, surely it would be included here.

Therefore, debris removal from within the foundation walls is covered.

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