Our homeowners insured sustained a severe fire loss to his dwelling, insured on an ISO HO-3. As is common in Florida , the insured has a screened-in swimming pool close to the house. Although the screening is attached to the dwelling, the pool is not. The fire destroyed the screening, which in turn damaged the swimming pool. Now the insurer is arguing that the swimming pool is attached to the dwelling and therefore it falls under coverage for the dwelling. Obviously, this means coverage for the dwelling is lessened.

We think that the pool falls under the "other structures" coverage, with the 10 percent applying.

May we have your opinion?

Florida Subscriber

The HO-3, under coverage A—Dwelling, covers the dwelling "including structures attached to the dwelling." So, for example, a carport attached to the dwelling is covered under coverage A even though it is not a dwelling, but a structure. In your case, the screening is attached to the dwelling and thus is covered under coverage A.

Less clear cut is where coverage A ceases and coverage B begins. However, under coverage B—Other Structures, the insurer covers "other structures on the 'residence premises' set apart from the dwelling by clear space." This is the case with the pool. It may be set in a concrete area that abuts the dwelling, but it is not attached to it. Further, the concrete serves as "clear space" to separate the pool from the dwelling. Nor does the presence of the screening make the pool part of the dwelling. Although the screen may be fastened to the concrete, it does not necessarily follow that the pool itself therefore becomes part of the screened structure and therefore part of the dwelling.

A review of court cases was not informative in that they turned, for the most, on the use to which the structure was put and the distance between the structure and the dwelling.

Given this particular situation, however, we hold for coverage of the pool as a structure under coverage B.

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