Duties in the Event of Loss Expense in Question

A contractor sealed off an area where underhanging roof tiles were blown away by a windstorm and birds were entering. It was covered to protect the area from the birds. Windstorm damage was covered; the cost to seal it up and the bird damage was not. We think the bird damage should be covered, too. Do you agree?

New York Subscriber

Based on the ISO CP 00 10, the loss condition titled “Duties in the Event of Loss or Damage” states that expenses incurred to protect the covered property from further damage are covered, so that would cover the cost to seal up the area and protect it from damage by birds. However, the condition also states that the policy does not pay for subsequent loss or damage resulting from a cause of loss that is not covered, which would include damage caused by birds. So, expenses to protect the property are covered (up to the policy limit), but subsequent damage by noncovered causes of loss such as bird nesting/infestation, is not.

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