Our insured owns a shopping mall, address listed as 1500-1508 Main St. None of the individual stores has its own specific address; instead, the addresses are more or less collective. The premises are one building or structure, without parapets or firebreak walls. Our insured turned down the heat in an untenanted portion of the structure, from which a freezing loss resulted. The insurance company has denied the claim based upon the commercial property policy exclusion of damage by water leaking from plumbing caused by or resulting from freezing unless the insured does its best to maintain heat in the building.

Is this exclusion applicable to this loss?

Maryland Subscriber

The loss described should be covered. The premises is one building or structure, and turning down the heat in one portion of the building is not tantamount to failure to maintain heat in the building or structure. Our opinion is bolstered inasmuch as this is an insurer-offered form, and the drafters of the policy could have easily included verbiage such as "failure to maintain heat in the building or structure or any part thereof," in order to exclude this loss. As you are aware, coverage grants are broadly construed and exclusions are narrowly construed in favor of the insured. We are in favor of paying this loss.

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