The insured was renting his home, the tenant did not pay the utility bill, the power went out, and the pipes froze. The insured alleges he did not know the power was shut off. Would this be excluded under a DP 00 03 12 02 due to there being no heat being maintained in the dwelling?

Arizona Subscriber

While the insured may have had arrangements with the tenant that the tenant was to pay the utilities, it is still the insured's property and the insured's duty to see that the property is maintained, be it mowing the lawn or seeing that heat is maintained in the building. There is no coverage for the damage caused by the frozen pipes.

Editor's note: This answer seems to be in direct conflict to the one provided for this question: Insurance Coverage Q&A: Frozen Pipes in Rented Dwelling. Both answers are correct; the difference is in the version of the policy involved. This question refers to the 12 02 edition of the form, and the other question refers to the 07 88 version; the forms differ in language, giving 2 different answers to virtually the same question.

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