Leaking Pool Shifts Patio Blocks

June 11, 2013

 

Insured called and reported water damage to air conditioner and patio blocks from the neighbor's leaking pool.

The adjuster inspected the property and found no damage to air conditioner. Insured had seen that the air conditioner compressor was in jeopardy of being damaged from the flow of water, and he relocated the unit on a rush basis. There was no damage to the compressor or the patio blocks. The blocks however depressed and are out of alignment in areas. The blocks need to be lifted, the sand reset and tamped, and the blocks reset. Per the adjuster, this condition was caused as a direct result of the water from the neighbor's pool, which washed out sand from the insured's yard.

Would the patio blocks be covered under a HO3 policy? My interpretation would be that there was no direct physical damage to the property and so the claim would be denied.

Kentucky Subscriber

Aside from the fact that land is excluded, the exclusion for the weight of or pressure of water on patios, pavements, fences, or pools, as well as the earth movement exclusion, would apply. There is no coverage for the patio. 

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