Our insured's toddler left a plastic bottle of grape juice lying on the wall-to-wall carpet. The family dog found the bottle, and used it for a chew toy. Now there are stains on the carpet which cannot be removed. The insurer is denying coverage, citing the exclusion for damage caused by animals owned or kept by an insured.
Our insured has an HO 00 03 04 91, and we think this is just the sort of loss the HO 00 03 is intended to cover. What do you think?
Pennsylvania Subscriber
We agree that the loss is covered. The juice caused the loss; the dog merely enabled the juice to get to the carpet. The list of HO 00 03 exclusions, beginning with wear and tear and ending with animals owned or kept by an insured are those things that will happen over time and therefore cannot be insured against.
Metal furniture subjected to weather outdoors will rust; painted woodwork will become scratched and worn over time. Pets, particularly those that are poorly trained, may damage carpeting or drapes. These direct losses are excluded. Note, though, that ensuing loss to property described in Coverages A and B that is not excluded or excepted is covered. It is this exception that provides coverage. If Fido continually digs at a corner of the carpet so that eventually there is a large hole, the damage is not covered. But if in the course of the digging he manages to take the insulation off a light cord, and the cord causes a fire, the resulting fire is covered.
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