Denial Due to Lack of Maintenance

June 1, 2015

An insured has an old heating system in need of repair. Each year he travels to Florida for a month. He leaves the heat on but does not drain the water lines. While absent the furnace goes off and the pipes burst, and when he comes back there is extensive water damage to the floors and other property.

We realize the pipes themselves are not covered, but what about the other damages that resulted because of his neglect in maintaining the heating system? Is the insurer justified in denying the entire claim because of neglect?

Florida Subscriber

It really depends on how bad the heating system was and when the insured was informed that it needed repair. If a heating professional told him it needed repair immediately or very soon, then all damages would be excluded. If the heating professional had said it needed repair but should last another season or two before repairs became absolutely necessary, then the insured could be given the benefit of the doubt and damages could be covered.

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