Spoilage Loss Coverage Requires Mechanical Breakdown

July 11, 2012

My client experienced a partial roof collapse. As a result, the local authorities condemned the building, and no one was allowed in for weeks. The power was out for an undetermined amount of time.

As a result of the incident, the insured suffered a food spoilage loss due to the change in temperature in the coolers.

The insured's policy contains the following for equipment breakdown:

13. Equipment Breakdown

We will pay for loss caused by or resulting from an "accident" to "covered equipment". The following additional Coverages also apply to loss caused by or resulting from an "accident" to "covered equipment".

c. Perishable Goods

We will pay for:

(1) Your loss of "perishable goods" due to spoilage;

(2) Your loss of "perishable goods" due to contamination from the release of refrigerant, including but not limited to ammonia;

(3) Any necessary expenses you incur to reduce the amount of loss under this coverage. We will pay for such expenses to the extent that they do not exceed the amount of loss that otherwise would have been payable under this coverage.

If you are unable to replace the "perishable goods" before its anticipated sale, the amount of our payment will be determined on the basis of the sales price of the "perishable goods" at the time of the "accident", less discounts and expenses you otherwise would have had. Otherwise our payment will be determined in accordance with the Property Valuation and Loss Payment section of this policy. We will not pay for loss or damage as a result of your failure to use all reasonable means to protect the "perishable goods" from damage following an "accident" to "covered equipment".

The insured also carries a spoilage amendment endorsement, which is worded as follows:

The following is added to Section A. COVERAGES, paragraph 13. Equipment Breakdown Additional Coverages, subparagraph c. Perishable Goods Coverage.

We will also pay for your loss of "Perishable Goods" due to adulteration, change in temperature or humidity.

It is our opinion this endorsement covers the loss of food spoilage due to the change in temperature. The insurance company is taking the position the coolers must first sustain a mechanical breakdown that results in the change of temperature and/or humidity for food spoilage to be covered.

We'd appreciate your opinion on this matter.

Connecticut Subscriber

Based on the policy and endorsement excerpts you supplied to us, the carrier is correct. The additional coverage for perishable goods, as well as the endorsement, apply to the equipment breakdown section of the policy. The lead in language states the insurer will pay for loss caused by or resulting from an accident to covered equipment. If there was no accident that caused an equipment breakdown, then the additional coverage for perishable goods would not be triggered nor would the additional perils applicable to perishable goods—adulteration, change in temperature, or humidity. Unless the collapse caused a mechanical breakdown that caused the spoilage, the loss would not be covered.

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