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I have a contractor who installed new gutters and downspouts on a building. During the process, he pulled up the edge of some of the rubber roofing on a commercial building, sealed it back down, and installed the gutters. Subsequently, water got into the building, through the incorrectly re-sealed roofing and damaged the roof insulation, drywall, and contents.

The insurance company has agreed to pay for drywall and contents, but it is not giving any assistance with replacing the damaged insulation or the cost to peel back the roof to get to it, citing damage to property exclusions j 5 and 6.

Would you please give us your opinion on this coverage question?

Michigan Subscriber

The damage was discovered after the insured completed his work and so exclusions j5 and j6 are not applicable as neither of these exclusions apply to completed operations.

What you have to consider is the damage to your work exclusion, since this applies to completed operations. This exclusion applies to damage to the insured's work and not to damage to another's property that the insured's work causes. The insured's work was installing new gutters and downspouts. If there was damage to the gutters and downspouts, that would not be covered. But it seems here that the insured's work damaged the insulation and so, that would be covered. In order to repair the insulation, if peeling back the roof is required for the repair, this is covered also.

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