Our insured has a commercial building and its business contents covered under an ISO CP 00 10 04 02 with causes of loss special form CP 10 30 04 02 attached. Last winter the insured sustained a substantial building and contents loss from what the local roofer described as "thermal shock." This is a term I had never heard of before. It refers to rapid changes in temperature that caused the flat built-up roof of the building to split, allowing rain and melted snow to enter the building and damage the building interior and contents.
We had a long spell of subzero weather, then a sudden rise one day to 48 degrees followed that night by a drop to three degrees. The next week the temperature again rose sharply with thunder showers and it was then that our insured, along with a number of other owners of buildings with similar roof design, discovered these roof cracks, usually about one-quarter inch wide parallel to one of the roof trusses and running, sometimes, almost the length of the roof.
The adjuster has told us this is not a covered loss because of exclusion 2.d.(4), settling, cracking, shrinking or expansion, and pointed out further that the contents loss was also subject to exclusion 2.d.(7)(b), changes in or extremes of temperature. Do you agree, and if so, how could the insured have been provided coverage for such a loss?
Illinois Subscriber
It seems the adjuster is taking a harsh position in interpreting either of these exclusions as applying to this loss. The settling and cracking exclusion appears in the same context with exclusions such as wear and tear, rust, corrosion, etc.; things that are gradual over time and are more or less inevitable, and pollution and animal damage, items that in general can be avoided with reasonably good operating methods. It is possible that the language of this exclusion, taken outside the context of the intent of the coverage to pay for all manner of losses caused by sudden, accidental, and unforeseeable events, can be read as applying to this loss. But the same could be said if the building walls were cracked by the force of a nearby explosion.
To determine whether a particular loss is covered or subject to one of the exclusions, it is necessary to look at the cause of the loss, not at its consequence. In this case, the cause of the loss—an abnormal temperature pattern of sudden changes from bitter cold to warm to bitter cold to warm, producing unusual stress of sudden expansion and contraction of the roof already made quite brittle by the prolonged cold—is not excluded. So the resulting damage to the roof should be considered as covered.
Likewise, the interior building damage and damage to contents can be seen as caused by water damage of a kind that is not within the scope of water exclusion 1.g, "water…seeping through doors, windows or other openings." Further, the personal property temperature exclusion is aimed at property subject to spoilage or deterioration if exposed to adverse temperature. It is not intended to apply to override what is a simple and straightforward claim for insured water damage.
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