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Water damage from above ground pool

P: 3/6/2012 9:43:36 AM

Paul

Member

Total Posts: 3
Last Post: 3/6/2012
Member Since: 6/15/2010

Again, AAIS form 3 policy. Replacement cost on structure and personal property.

24', above ground pool lets loose for no apparent reason. No covered peril for the pool.

Water released cascades down the hill toward the shed, driveway, decorative bushes, stones and multch. The water also pools in the basement stairway, which is below ground. The debris from the yard etc. blocks the 2.5" drain. Water damages the storm door, the mandoor to the basement and the carpeting on the basement floor.

Original I had denied the total claim calling forth the exclusion for "ground water" (sewer backup, flood, surface water, & water through the foundation".

Was I right? or should there be coverage for the structural damages, (doors, rug)?

Paul

Revisions : 0 | Posted: 3/6/2012 9:43:36 AM | IP: Recorded | Report this post

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P: 3/19/2012 5:15:17 PM

Gary L.Ahrens

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Total Posts: 1
Last Post: 3/19/2012
Member Since: 11/23/2011

Paul

I like your question. I agree that there is no coverage for the pool unless it was damaged from one of the named perils. However, damages to the home may be a different matter.

I am not sure what AAIS policy you have, but the one I looked at only excluded water below the surface of the ground but had not exclusion from damages caused by ground water. I am very picky about using new policy language to deny coverage to an insured. I do my best to find coverage rather than looking for a way to deny a claim.
Surface water would be a better choice of words, but the definition of surface water does not apply in this case either. A court case in Wisconsin defined surface water as:
[Surface water is] water which is derived from falling rain or melting snow, or which rises to the surface in springs, and is diffused over the surface of the ground, while it remains in such a diffused state, and which follows no defined course or channel, which does not gather into or form a natural body of water, and which is lost by evaporation, percolation, or natural drainage.

I was not able to find any policy language, which has excluded this loss. Now this is my opinion, and I look forward to reading any post, which might cause me to reconsider my point of view.

Gary L. Ahrens
AA Florida Public Adjusting Agency, LLC
www.aafpaa.com

Revisions : 0 | Posted: 3/19/2012 5:15:17 PM | IP: Recorded | Report this post

P: 3/20/2012 9:08:13 AM

tmcsvt44917

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Last Post: 3/20/2012
Member Since: 10/18/2007

Paul,

You may wish to further review this claim, it would appear that you have a collapse claim as the weight of the pool water caused the pool enclosure to collapse resulting in water damages to the surrounding premises and structures. You may have a products liability claim with then pool manufacturer depending on the age and set up of the pool. This appears to be a direct, sudden and accidental loss which would have coverage under a named peril policy with the listed peril of collapse. There would certainly be coverages under an all risk policy. The resulting water damage would be treated as if a pipe burst within the home and flooded the home, coverage would certainly be extended for that type of claim. The only items that would not be covered would be the exterior plants, lawn and trees as they do not have coverages for water exposure. Hope this helps. Thanks, VT w/TMCS,Inc.

VINCE TAYLOR

Revisions : 0 | Posted: 3/20/2012 9:08:13 AM | IP: Recorded | Report this post

P: 7/28/2012 11:04:39 AM

ECM Claims Adjuster

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Last Post: 3/28/2013
Member Since: 8/10/2011

Paul I like your approach!!

Revisions : 0 | Posted: 7/28/2012 11:04:39 AM | IP: Recorded | Report this post

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