Weight of heavy snow caused an in-ground pool cover to pull from its anchors and fall into the pool, causing damage to the liner and loss of water within. The full extent of damage and repair is not known until weather permits an in-depth inspection.

The insurer denied coverage under the HO3 form, Section 1, Perils Insured Against – Coverage B–Other Structures, 2. Caused by: b. freezing, thawing, pressure or weight of water or ice to a 1) fence, pavement, patio or swimming pool.

The insurer further cites Section 1, Exclusion 1: "We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. 3. Water below the surface of the ground including water which exerts pressure on or seeps or leaks through a building, sidewalk, driveway, foundation, swimming pool or other structure."

Our contention is that the weight of snow—not water or ice—caused the cover to fall into the pool and damage the liner. The damage to the liner from this weight of snow caused water to leak out of the pool, requiring liner and water replacement. Potential additional damage may result from lack of weight of the water on the pool walls to offset hydrostatic pressure from ground water.

Is the insurer correct in denying this claim?

Ohio Subscriber

While ice is by definition frozen water, the fact that the policy lists them separately as excluded items indicates that each state of water must be considered individually. Snow by definition is soft, white pieces of frozen water that fall to the ground from the sky in cold weather; precipitation in the form of small white ice crystals formed directly from the water vapor of the air at a temperature of less than 32°F (0°C). This is different from both water and ice. As such, the exclusion speaks specifically to ice and water, so only those are excluded, and not the weight of the snow.

As far as the carrier's use of the exclusion for water below the surface of the ground, the snow was not water nor was it below the surface of the ground; that exclusion does not apply. The loss should be covered.

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