Failure to Maintain Heat

May 9, 2016

The insured has a secondary home with oil heat. The electricity was on and the heat was set at 55 degrees. During a cold snap when the insured was not occupying the home, the insured overlooked having adequate heating oil—had no auto fuel delivery, the tank ran dry, and the heat shut off, which resulted in frozen and burst pipes and water damage. The insured had an open perils homeowners policy.

Did the insured fail to use reasonable care in making sure there was adequate fuel oil to provide heat?

Kentucky Subscriber

Yes, the insured failed to maintain the property. This is why the policy references draining the pipes if the heat is turned off or leaving the heat on. With fuel oil, the insured should have ensured that oil would be there throughout the season or should have drained the pipes. An expensive oversight to be sure, but one that is not covered.

 

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