Ice Causes Trees to Fall—Water Damage?

We have a carrier coding the ice losses from tree branches breaking off and damaging homes as water losses. They then apply a water loss surcharge. We think the cause of loss should be falling objects or weight of ice and snow, but not water. If ice melted and seeped into a dwelling it might make sense, but not this.

Can you help?

Maryland Subscriber

“Ice” is not at all the same as “water,” which a reading of the homeowners forms makes clear. For example, see named peril 11. in the ISO HO 00 03, which covers “weight of ice, snow or sleet which causes damage to property contained in a building.” In the situation you have described, the weight of ice has not only caused damage to the dwelling exteriors—after all, the ice is the efficient proximate cause of the branches' becoming falling objects—but it can also be viewed as the efficient proximate cause of any damage done to property inside the dwelling. In other words, there is a definite chain of events beginning with the ice storm and ending with the property damage.

Distinguish this named peril from, say, number 12., which applies to “accidental discharge or overflow of water…” The policy drafters clearly differentiate between water and its frozen form; the insurer is ignoring the plain policy language by coding these losses as “water losses.”

 

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