Roofer Starts to Replace Wrong Roof
March 18, 2013
I have a homeowner claim situation that I am hoping that you can offer some insight on. A contracting company came to our insured's home and began to replace the roof, realized that they had made a mistake and was at the wrong location, and stopped after replacing almost half of the roof. The roofer does not want to replace the other half so the insured has turned in a claim. Do you think that coverage would apply? The company is denying it based on the following:
BUILDING PROPERTY LOSSES WE DO NOT COVER
We do not cover loss caused directly or indirectly by any of the following excluded perils. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area;
18. Planning, Construction or Maintenance, meaning faulty, inadequate or defective:
a. planning, zoning, development, surveying, siting;
b. design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction;
c. materials used in repair, construction, renovation or remodeling; or
d. maintenance;
of property whether on or off the insured location by any person or organization. However, any ensuing loss not excluded is covered.
The carrier said, "As you can see in the policy language, faulty, inadequate, or defective specifications, workmanship, or repair of the work completed is excluded. Therefore, according to the terms and conditions of your policy, we are unable to provide any coverage for this loss."
We are not in agreement with this because we think this is not a claim that really applies to any of the exclusions listed.
Kentucky Subscriber
The carrier is right: this is faulty renovation in that the roofer was at the wrong house, which makes the renovation/construction/workmanship faulty. The roofer made the mistake and should correct it. There is no coverage.
This premium content is locked for FC&S Coverage Interpretation Subscribers
Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.
- Quality content from industry experts with over 60 years insurance experience, combined
- Customizable alerts of changes in relevant policies and trends
- Search and navigate Q&As to find answers to your specific questions
- Filter by article, discussion, analysis and more to find the exact information you’re looking for
- Continually updated to bring you the latest reports, trending topics, and coverage analysis
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected]