When Santa Visits
|The Naughty List of Holiday Hazards
By Christine G. Barlow, CPCU
From the December 2010 issue of Claims Magazine
It's the time of year when children are on their best behavior to ensure they make Santa's "nice" list, while parents are busily buying presents, baking, and sending holiday cards. Of course, stores are full of decorations and trimmings. There have been many articles written over the years about what insurance coverage Santa may need for his sleigh, workers, and such, but little consideration has been given to homeowners' policies and what exposures exist.
|Cocoa Stains and Holiday Pains
In his haste to collect those milk and cookies before heading to the next house, Santa may spill cocoa on the carpet and not have time to clean it up. Carpet stains may or may not be covered, depending on what type of carpet it is. Wall to wall carpet is considered part of coverage A, the dwelling itself. This coverage is open perils, and there is no exclusion for sloppy elves on the policy. However, if the carpet is an area rug, there is no coverage to remove a cocoa stain, as there is no sloppy elf included in the named perils for personal property.
Some families prefer to leave Santa stronger beverages than cocoa, thus making it possible for him to be operating his sleigh a little under the influence. Let's imagine that Santa crashes into the local power transformer, which then causes a power failure on the insured's property. There is no coverage for damage because of the power failure unless a loss results from a Peril Insured Against. If the power failure results in a fire, then that loss is covered. However, if the power failure simply results in loss of refrigerated food because the power is off for several days, then there is no coverage.
Another issue is soot from the chimney. We all know that Santa is overweight, nay even obese, and sliding down the chimney smoothly becomes more difficult as his body mass increases. Therefore, soot residue from where he has been in the house—where he sat, where he walked—may build up. Again, being in a hurry, Santa has no time to magically clean the house.
While it is natural to think that the same rationale applies here as it did in the case of the cocoa stains, soot is considered a pollutant. In order for damage from a pollutant to be covered, it must be caused by a coverage C peril. While fire is a named peril and the fire in the fireplace caused the soot, that was a friendly fire, and the resultant soot would not be covered. As mentioned previously, there is no named peril for sloppy elves, so there is no coverage if Santa leaves soot all over the house during his visit.
|Outdoor hazards
An outdoor hazard exists to the insured's bushes and trees if Santa falls off the roof. Unfortunately damage to trees, shrubs, and plants are named perils, but falling elves is not a named peril. However, if the sleigh clips a tree there is coverage, because vehicles not owned or operated by a resident of the "residence premises" are covered. Remember that no more than $500 is paid for any one tree, shrub, or plant, though.
Outdoor roof lights also pose a hazard; too many lights on the roof could break under the weight of Santa's sleigh, and the broken glass could injure the reindeer. The landing of the reindeer on the roof could also loosen or knock off shingles, damaging the roof.
However fear not, for reindeer are Santa's property, therefore coverage exists for damage to property of others with limits of $1,000. Finding an emergency vet to treat the reindeer could be an issue, particularly on Christmas Eve, so we recommend taking it easy on lights on the roof itself.
The damage to the roof structure is covered because there is no exclusion for damage caused by reindeer on the roof. Subrogating against Santa might put the carrier on Santa's naughty list, but one would assume that Santa, once contacted, would readily acknowledge his responsibility in the damage and handle the situation.
So, while during the holidays people give even less thought to their insurance coverage than normal, there are plenty of seasonal hazards that exist. We here at FC&S hope everyone is on Santa's nice list and that none of the possible accidents listed here occur at their residence premises. Happy holidays to one and all.
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