We have been asked to adjust a homeowners claim resulting from an ice storm that hit our state last winter. Ice formed on trees in the yard with the result that two branches broke off. One fell on a fence and one on a swing set. The swing set is the metal kind that may easily be set up in a yard. The insurer is of the opinion that neither loss is covered, citing the following exclusion of coverage for the fence, "weight of ice …to a fence," and citing the coverage provision for "weight of ice which … causes damage to property contained in a building." The insurer says that the swing set wasn't in a building, and so it is not covered.

We hold that the peril of "falling objects" applies to both losses. May we have your opinion?

Virginia Subscriber

We agree that the peril of "falling objects" applies to both the swing set and the fence. There is no concurrent causation coverage language prefacing the "weight of ice…to a fence" exclusion, so that if there is an intervening cause of loss that is not excluded the resulting loss is covered. In this case, the cause of loss is "falling objects." 

The exclusion for weight of ice to a fence must be looked at in its entirety. There is no coverage for "loss caused by … freezing, thawing, pressure or weight of water or ice…to a fence." The proximate cause of loss to the fence was the falling tree branch. The weight of ice caused the branch to break off; it did not directly cause the fence to be damaged. The weight of ice was the direct cause of loss to the tree, and the indirect cause of loss to the fence. This being the case, the fence is covered.

 The swing set, personal property, is covered since it was out of doors. Thus it is not "personal property contained in a building" and so the "falling objects" limitation (the object must create an opening in the building containing the property) does not apply.

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