This is a first never seen before by me during 20+ years adjusting property losses. I have a client who lives in a row home in the city of Philadelphia. Insured who was in the process of redecorating their kitchen noticed a slight bulge in an interior wall shared by their neighbor. When they removed some of the drywall from the corner they were surprised by what they found. A 4 inch stem or root stretching from the bottom of their first floor just above the basement ceiling straight up through the first and second floors and out of their chimney. The brick and pointing at the top of the chimney had become dislodged and loose. We had experienced a lot of windy days and reported the loss as a windstorm loss. It is almost impossible to see the top of the chimney due to the small size of the fenced rear yard. Our inspection confirmed what the insured had reported to our office. In between the brick masonry and drywall was a slightly oozing (sap?) round stem or root. Allstate denied coverage "due to tree growth and not sudden and accidental that has been occurring over the course of weeks, months and years." The adjuster's denial letter continues, "These damages are maintenance issues which is excluded from coverage….We were unable to provide payment on this claim because: perils excluded from coverage." Do we have any argument for consideration? The tree grew unseen and hidden until the interior wall showed damage and further investigation revealed damage to the top of the chimney. The sight of this thick trunk or root growing so high brings thoughts of Jack and the Beanstalk. Thanks

Pennsylvania Subscriber

The maintenance exclusion is for things that normally deteriorate over time; pipes rust, roofs wear out, wooden floors get worn and similar things. A tree growing up through the dwelling is not a maintenance issue. Homeowners cannot be expected to remove drywall and regularly check for trees growing into the dwelling. There is no exclusion that applies to this, there should be coverage.