How Should HO 00 15 Be Applied in Piano Loss?
Our homeowners insured has a 1916 mahogany Steinway grand piano that he purchased some fifteen years ago. Recently, the iron plate cracked. The restoration company (selected by the insurer) found that, prior to the insured's purchasing the piano, some repairs were made. An improperly-installed pin broke, causing the plate to crack. The piano cannot be repaired.
The insured has an HO 00 03 10 00, with the HO 00 15 04 91, special personal property coverage, and HO 04 90 10 00, personal property replacement cost, attached. The insurer is denying the claim, citing the exclusion on the HO 00 15 for loss caused by “refinishing, renovating or repairing property other than watches, jewelry and furs…” Is the insurer correct? And, if not, is the insured entitled to replacement cost for the piano?
Connecticut Subscriber
The insurer is not correct in denying the claim. The use of the gerund tense—”refinishing, renovating or repairing…”—indicates work not yet completed. Webster's Collegiate Dictionary (Tenth Edition) defines “gerund” as “a verbal noun in Latin that expresses generalized or uncompleted action…” The coverage for a loss to insured property while undergoing repair belongs quite properly with the person performing the repair work (except for watches, jewelry, and furs, which are excepted). Once completed, however, coverage for the loss is under the HO 00 15 (of course, the insurer may subrogate).
The insured, however, is not entitled to the piano's replacement cost. The applicable personal property replacement cost provision states that “personal property replacement cost coverage will also apply to the following articles or classes of property if they are separately described and specifically insured in this policy:…d. Musical equipment and related articles of equipment.” Since the piano was not separately described and specifically insured, coverage is on an actual cash value basis at the time of the loss. (Of course, markets being as they are, the actual cash value of the piano could be equal to or higher than the replacement cost based on a current model.)
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