Exclusion of Wet Rot—Homeowners

We have an unusual situation and would like your opinion. Our homeowners insured's bathtub was improperly installed when the home was built. The joist under the tub does not reach a pier, which has caused the tub to shift downward away from the tub surround. Water over a long period has caused the floor to rot, which extends into the adjoining den. The insured had duct tape covering a one-inch gap between the tub and surround.

We agree that the rotten subfloor is not covered, but what about the cost to remove and replace the tile floor, tub surround, and den floor?

Your thoughts, please?

Ohio Subscriber

Losses resulting from faulty or defective construction are excluded; however, any ensuing loss is covered unless excluded. In this instance, however, the wet rot is excluded, thus precluding coverage for the loss. Although the “collapse” peril might seem applicable, this only applies during the course of construction. The tub's shifting might be viewed as “collapse” caused by faulty construction; however, the loss must occur during the course of construction for coverage to apply to the surround.

 

One further concern—the insured has the duty, in event of a loss, to protect the property from further damage. The presence of the duct tape suggests this was not done.

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