Winterizing Gone Awry
October 26, 2015
A client of ours owns a second home in New Jersey and had hired a plumber to winterize his plumbing before the winter because the house was going to be unoccupied. Unbeknownst to him, the water valve at the street had a small leak and water continued to enter his plumbing system despite his attempt to winterize. When the temperature dropped that winter, the water in the pipes froze and caused pipe breaks and water damage in the kitchen, bathroom, and laundry room. The insured did not discover the damage until he checked on the house in the spring. The carrier has accepted that there is a covered freeze loss and is paying for damages to the flooring and drywall. However, they are denying coverage for damages to the kitchen cabinets, bathroom vanity, and paneling, stating that those are long term damages due to the fact that the water ran for more than fourteen days. They are using the following seepage exclusion endorsement:
SECTION I – EXCLUSIONS
Seepage, meaning a gradual, continuous, or repeated seepage or leakage of water, steam or fuel over a period of 14 days or more, resulting in damage to the structure, whether hidden or not. This endorsement takes precedence over all other endorsements attached to your policy.
The carrier is also denying any mold damage, stating that it is the result of seepage for over fourteen days and not the covered freeze loss. Is this the proper application of the seepage exclusion? All of the damages stem from the same sudden and accidental cause of loss: broken pipes due to a freeze. Does that mean that if the insured discovered the damages thirteen days after the loss they would have had full coverage for all of the damages, but since they discovered it more than fourteen days after the loss, the carrier can now deny some of the damages based on seepage?
New Jersey Subscriber
The seepage exclusion exists so that insureds do not neglect their property until a problem becomes a BIG problem. Had someone been living in the home or even checking on it, the leak would likely have been found and the mold prevented. If the pipes did leak or seep continuously, then the exclusion stands. Yes, had the loss been discovered on day thirteen, the entire loss would have been covered. The line has to be drawn somewhere, and fourteen days is generally where it is drawn.
This premium content is locked for FC&S Coverage Interpretation Subscribers
Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.
- Quality content from industry experts with over 60 years insurance experience, combined
- Customizable alerts of changes in relevant policies and trends
- Search and navigate Q&As to find answers to your specific questions
- Filter by article, discussion, analysis and more to find the exact information you’re looking for
- Continually updated to bring you the latest reports, trending topics, and coverage analysis
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected]