I have a client on a Building and Business Personal Property policy (CP 00 10) and Special Form Cause of Loss (CP 10 30). There is a flex duct line laid in the attic. The duct has not been putting out good airflow for 3-4 years. During a recent construction project a contractor notices that the flex duct has been stepped on, causing a restriction in airflow to parts of the building. Can you please let me know if there is a potential for coverage here and under what circumstances?

Ohio Subscriber

The Causes of Loss form CP 10 30 excludes loss or damage caused by faulty, inadequate or defective workmanship or maintenance of part or all of any property on or off the described premises. Although the duct work was in the attic it was not hidden from view, as the contractor discovered it upon visual inspection. A building owner is responsible for maintaining their premises. Having the duct work inspected and making sure it is operating to full capacity is a maintenance issue, and thus there is no coverage.

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