Asbestos Damage to Swimming Pool

July 22, 2013

We have an insured with an HO-0003 (04/91) homeowner's policy.

A neighboring property was having a roof replaced and during the contractor's removal of the shingles the asbestos from the shingles/roof system somehow migrated into the insured's in ground swimming pool causing damage.

The question is:

Is there coverage for this type of loss under the HO-0003 (04/91) policy?

Massachusetts Subscriber

The in-ground pool is an other structure, coverage B. As such, coverage is on an open perils basis. There is an exclusion for faulty workmanship, repair, construction of part or all of any property on or off the residence premises; it doesn't have to be the insured's property that the repair is to, the policy just says any property on or off premises. While there is an ensuing loss provision that could provide coverage, asbestos is a pollutant and is not covered unless caused by a coverage C named peril. Therefore, coverage for the asbestos in the pool would be excluded. However, the contractor should be responsible for the claim since his actions caused the loss.

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