Root Damage to Plumbing System

Q

We are seeing an increase in claims for “tree root” damages to plumbing systems.  Specifically, one claim involves tree roots growing into a septic drain field and the second involves tree roots which have grown into a drain line, underneath the center of the home (slab on grade).  Both claims are under an HO3, edition 04/91.  There is nothing in our endorsements which would amend coverage, except our “Existing Damage” clause (but, only if the DAMAGE, not the CONDITION, had occurred prior to inception. 

Is damage by tree roots to Dwelling items considered a fortuitous loss covered under the HO3? 

In the case of the drain field claim, we do have ensuing interior damages which are being covered.  But, the insured is seeking coverage for replacement of the entire drain field, which is overgrown by roots.  Is the drain field replacement covered or does this fall under Exclusion (2)(c)(4) (Faulty, inadequate or defective…maintenance)?

In the case of the blockage under the slab, would we owe for the ingress/egress to repair the pipe since there is not any ensuing water damage?

We are a Florida subscriber and could not find any cases directly on point with these issues.  One-half of management agrees there is coverage and the other does not.  Any help in resolving this dispute would be appreciated.

 

Florida Subscriber

A

Insurance is intended to cover losses which might or might not happen; that is, which are fortuitous. For example, a tornado's hitting a house, a total loss by fire (unless intentionally set), are fortuitous in nature. But a house built on a fault line ( California ) will almost certainly sustain earth movement damage. A house built on a river bank will sustain water damage. These things are uninsurable in the standard marketplace.

And, in the case of tree roots, it is certain that tree roots spread to access a water source (or, in the case of the drain field, a source of nutrients). Therefore, damage caused by them is not insurable, although, as you have indicated, ensuing damage (the water damage) is covered. I would agree that coverage for the drain field is excluded by the “inadequate maintenance” exclusion, although, as you have indicated, the ensuing water damage is covered.

 

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