Mold Claim under Personal Auto Policy

We have an insured who reports mold growing in her car. There was a hole in the car's convertible top. The insured had it repaired but apparently rain had already entered the interior of the car through the hole and had saturated the back seats without the insured knowing it. The insured parked her car in a small brick garage while she was away on a trip and we think the dark, damp brick garage caused the moisture in the car seats to grow mold.

We're not sure if any exclusion on the auto policy applies to this claim. One associate here did bring up the wear and tear exclusion and another thought that perhaps this was not an accidental loss. What is your opinion?

Arizona Subscriber

The personal auto policy will pay for direct and accidental loss to the insured's covered auto and its equipment. This is a direct loss since the interior of the car has been actually physically damaged. As for accidental, that is interpreted from the insured's viewpoint. If the insured did not know the back seats were soaked with water and did not know that mold was growing while she had the car parked in the garage, that is an accidental incident from the insured's point of view. So, the terms of the insuring agreement have been met.

None of the policy's exclusions apply. There is no pollution or mold exclusion. And the wear and tear exclusion is for the normal aging of a car from its use. For example, if the hole in the convertible top was caused by constant exposure to the sun and wind or just by the top aging over several years, that would be a loss that the car policy would not cover because of the wear and tear exclusion. In this case, the loss was the result of moisture and mold; and even though mold grows over a period of time, this was not the normal aging process of the car itself. The claim should be covered as an other than collision loss.

 

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis