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Looking for how to fix the air conditioner leaking problem? You’ve come to the right place. If you need help accessing the website, request login information. Answers to other coverage questions are available on the VU website. This question was originally submitted by an agent through the VU’s Ask an Expert Service. Continuous or repeated seepage or leakage of water, or the presence or condensation of humidity, moisture or vapor, that occurs over a period of 14 days or more.’”Ĭhris Boggs is executive director of the Big “I” Virtual University (VU). ISO’s Commercial Property Special Cause of Loss form (CP 10 30) does exclude damage caused by: ‘f. Note also that although some state-specific forms use the same or similar wording, no such exclusion exists in ISO’s standard homeowners forms. If the carrier is unwilling to properly justify its reasons for the exclusion, it borders on unfair trade practices and bad faith. If the carrier doesn’t respond as requested or is unwilling to reconsider, get the Department of Insurance involved. Explain how they arrived at that determination.Tell the insured how long the leak was ongoing.Prove the pipe was leaking beyond that period.
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They notified the agent as soon as they became aware of the loss, and they made repairs to protect the property from further damage. Lastly, it appears the insured met all applicable requirements surrounding the loss. This would be like denying a fire loss because wires aged and sparked a fire. But the wear and tear exclusion eliminates coverage for the pipe, not the damage caused by water leaking from the pipe. The house is 47 years old, so utility services wear out. The carrier may have a point when it comes to wear and tear. Keep in mind: The carrier can’t generally use presence of mold to prove how long the leak was occurring, because mold can grow relatively quickly in the right conditions. In other words, mold is excluded only if the mold is the direct cause of loss, not when it results from a covered cause of loss. If mold grew and damaged property not damaged by the water, that is excluded. The property damaged by the water should be covered. However, the carrier can’t use the mold exclusion to exclude property damage caused by water that results in mold growth.
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Granted, some of the damage caused by mold may be excluded.
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As this loss is not sudden and accidental, and occurred over a period of time, there is no coverage for this loss.Ī: “The carrier is applying an exclusion that does not exist. The carrier denial letter reads, in part:Ībout our decision: Our review showed that the pipe in the wall has been leaking for a long period of time causing mold and rot. We do not insure, however, for loss caused by: Constant or repeated seepage or leakage of water or steam over a period of weeks, months or years from within: a) A plumbing, heating, air conditioning or automatic fire protective sprinkler system or a household appliance on the ‘residence premises ’ or b) A storm drain or water, steam or sewer pipes off the residence premises.įor purposes of this provision, a plumbing system or household appliance does not include a sump, sump pump or related equipment or a roof drain, gutter, downspout or similar fixtures or equipment. In regard to water damage caused by a leaking pipe, the proprietary homeowners policy contains the following exclusionary wording: Q: “The homeowners carrier is denying the claim.