We have had an unusual claim presented and were initially of the opinion that the loss was not covered. But now, based on additional information, we think the loss may be covered.

Our insured has an HO 00 03 05 01. During recent maintenance the septic tank was found to have a crack in it, so that there is a slight leak. The crack could have occurred at any time. There is no damage to the dwelling.

Our first thought was to deny coverage to replace the tank.

We then learned that the septic tank is made of fiberglass, and looked at the additional coverage for glass breakage. We now think this claim should be covered. What do you think?

Florida Subscriber

You present a very logical argument for coverage. The septic tank, by virtue of being part of the dwelling's plumbing system, is covered as a part of the dwelling even though it is located outside the dwelling's walls. Remember that structures attached to a dwelling are covered under coverage A. The additional coverage for glass breakage does not state that the glass must be part of a door or window. The glass must be part of a covered building, but the septic system meets that criterion. Webster's Collegiate Dictionary (Tenth Edition) says that fiberglass is simply glass in fibrous form, so it cannot be argued that fiberglass is not truly glass.

Further, the insuring agreement for the coverage states that the insurer covers breakage, with no limitations or exclusions except for vacancy of the dwelling, which is not the case here. 

It might also be possible to consider coverage under the additional coverage of reasonable repairs. Replacing the tank could protect against further damage as well as the threat of a suit when it is learned the waste is entering the ground water.

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