There was a water leak from a unit above that damaged the unit my client is renting. The adjuster for their renter's policy is making payment for their curtains and carpeting, but is saying that since the wood floor cannot be removed without destroying it (They could not take it with them when they left), then it is structure and not contents and so they are denying that portion of their claim.

I am wondering whether this is correct and then what the criteria might be for when structural things might be covered and when they might not – because he is paying for wall-to-wall carpeting, I am guessing because he figures they could pull it loose and take it with them…

Hawaii Subscriber

You have a tenants policy, and not a home or condo policy. The tenants policy (HO 00 04) provides coverage for contents, with 10 percent of the coverage C limit for building improvements or installments made at the insured's expense. There is no definition of such or limitations that the property must be removable, so unless the replacement of the carpet exceeds the limit, there should be coverage. The wood floor is part of the residence and not part of the tenant's property, and therefore is not covered.