Secondary Loss

June 10, 2014

 

An insured presented a claim 6 months ago for water damage to the living room/dining room floor. It was denied based on surface water. Now he is making a claim for a leaking hot water heater that damaged the floor in the family room and hall.

No repairs from the first damage were made.

Had the first claim been covered we would have replaced all of the wood floor in the living room, dining room, family room and hall.

And he agrees he would have asked for this.

 

The living room and dining room are on one side divided by a door way (no door) and the kitchen tile floor and the family room on the other side of the kitchen. Also there is a small step up that is tile at the entry. Both sides can be seen from the two openings. So while not continuous per say it is all open. Our position is the floor was already damaged and not repaired, thus no new damage. He claims the family room is new damage and should be covered. It appears to us there is just more damage to a floor that was not covered by a previous loss.

Ohio Subscriber

 

There is new damage and a new cause of loss which must be addressed. While the floor was damaged to begin with, it is now more damaged than before, so the increased damage must be covered; you may not pay to replace the entire floor unless the new damage would warrant it on its own, but the insured is entitled to be compensated.

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