Trees, Lawns, and Shrubs

Our insured has a home insured on an HO 00 03 10 00 for $405,000. He suffered a fire loss, and consequently there was much damage to his landscaping. He submitted a bill, but it is not broken out and simply states “$12,000 for trees, shrubs and mulch,” and $5,500 for lawn work. He has 5 percent of the dwelling limit, or $20,250 to apply to trees, lawns, and shrubs, but even so the bill seems excessive.

We have three questions. (1) Since lawns are listed as “trees, shrubs, plants or lawns,” would the $500 limitation for any one tree, shrub or plant apply? (2) Much of the damage to the lawn was caused by extensive water from the fire hoses and by vehicles pulling off the one-lane driveway. So, the fire did not damage the lawn. Is this a separate loss? The policy does not cover land; are the tracks made by the vehicles excluded? (3) Does the additional coverage for trees, shrubs and plants also apply if the dwelling should have to be demolished?

Kentucky Subscriber

First, we think you are entitled to more of an itemization on the bill.

The policy limits the coverage to $500 for any one tree, shrub, or plant. Not included within this sublimit, however, are “lawns,” because to do so would be unrealistic. If the limitation applied, it would read $500 for any one tree, shrub, or lawn,” or something similar. The tracks made by the vehicles are covered because it was the lawn that was damaged, not the land itself. Webster's Collegiate Dictionary (Tenth Edition) defines a “lawn” as “ground (as around a house or in a garden or park) that is covered with grass and is kept mowed.” Therefore, the coverage applies to more than just the grass.

The efficient proximate cause of the loss was the fire. Just as water damage within a dwelling from fire-suppressant equipment is covered under “fire” and not “water,” the same principle applies here. Had it not been for the fire, the water and vehicles would not have caused this damage.

The same should be true if the building had to be demolished because of the fire. For example, if the demolition was required because of ordinance or law, the trigger for this would go back to the fire. Coverage for any trees, shrubs, or plants should follow this same logic.

 

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