Our HO 00 03 04 91 insured has a hot tub on his deck that is kept full of water year round. This past winter was mild, but we wonder what would be the outcome if, say, the hot tub pipes freeze and burst because the heater malfunctions.
Could the hot tub be classified as a pool, and therefore subject to the exclusions for freezing?
Minnesota Subscriber
A hot tub is not a swimming pool. Webster's Collegiate Dictionary defines it as “a large usu. wooden tub of hot water in which bathers soak and usu. socialize.” Even if the hot tub is made of something other than wood—acryllic, generally, set in a wooden frame—it isn't a swimming pool. (The definition could be called into question with a hot tub that can also be used for swimming against the jets of water, but we think that would be stretching.) But for our purpose, assume there is no question that the hot tub is not a swimming pool. Since the exclusion for freezing applies to swimming pools, it would not apply to the hot tub.
The other exclusion to consider is for freezing of a plumbing system. The pipes that provide water to the hot tub are presumably part of the dwelling's plumbing system, so this exclusion only applies if the dwelling is vacant, unoccupied, or being constructed. In that case, the insured would have had to shut off the water and drain the system for coverage to apply. However, if the dwelling is not vacant, unoccupied (unoccupied means for longer than, say, an evening out), or under construction, the loss is covered.
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