Damage To Trees, Shrubs, and Lawns Caused While Protecting Property

Recently, North Dakota residents have experienced flooding. Some residents took action to try to prevent water from entering their home by having trucks drop off sandbags, which were then lined around the house. Due to the action the residents took, the lawns have large tire indentations and shrubs around the house are damaged. They are currently submitting claims for the land and shrub damage. Is there coverage?

 Under the ISO policy, flooding is excluded. Also, coverage for land (Under Section I – Property Coverages) is excluded. Under Section I – Property Coverages – Additional Coverages, shrubs are covered if the loss is caused by "vehicles not owned or operated by a resident of the "residence premises". The damage to the shrubs could be due to the sandbags and/or the trucks, but we believe the concern here is when the damage is caused by the trucks, and whether the 5% of Coverage A will apply.

 We do not believe there is coverage for the shrubs due to the language under Section I – Exclusions – Part B. The insured made the decision to have sandbags delivered and placed around the house, for a cause of loss (flooding) that isn't covered under the ISO policy.

 North Dakota Subscriber

In order for flooding to be a cause of loss, there has to be damage due to the flooding. In your situation, vehicles damaged the lawn, not flooding. Even though the vehicles were hauling sandbags to prevent flooding, flooding actually has no relevance to the loss. The vehicles caused the loss, and a truck is a vehicle. Also, while land is not covered, trees, shrubs, and lawns are, so damage to the lawn is covered as well. As far as the section 1 exclusion part B, the loss to the shrubs and lawns is ensuing damage to the acts/decisions/etc. Up to 5% of coverage A is available for this loss.

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