On an HO 00 03 10 00, a lady had literally just purchased one of those freestanding basketball goals to put in their driveway and the kids began playing with it for the first time.  She came home to a bunch of damage to the lightweight concrete roof tiles on the garage that is located behind the portable basketball goal.

The claim is being denied for wear & tear, but I feel like if it was literally the first instance of it occurring, even if there were multiple impacts from the basketball, it was a child that was doing it and should likely be covered. Do you feel as though there would be covered under this circumstance?

If it had been something that was ongoing and the parent should have likely known that their kids had been hitting the garage, would your opinion change?

Lastly, what if it was the neighbor kid who threw the ball on the garage and broke the roof tiles?  Would it then also have the potential for subrogation against the neighbor or a liability claim against their homeowner's policy?

Hawaii Subscriber

This is akin to a hail loss; the damage can be placed to a specific time and specific actions. If the homeowners knew this was happening and let it continue, then that would be negligence on their part. They have a duty to protect the property. However, with a new basketball hoop being installed they probably didn't anticipate damage to the roof. The roof should be repaired and the hoop moved or some other measure should be taken in order to avoid further damage.

As far as if a neighbor child had caused damage to the roof then yes, depending on the situation subrogation would be possible.

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