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I agree with both of you. If this were a stand alone pool and not tied to the dwelling, it would be considered APS. As the walkways, walls, etc. are all tied to the dwelling, it should be considered a part of the dwelling coverage. Of course, it will be a company decision, only a suggestion from us.

IT's APS. A dwelling must be a one, two or three family residence. A pool is not a residence, but can be part of the residence. The best definition in the HO-3 is with in the other structures in Coverage B. To be a dwelling it must be described in the policy, with a physical address and the type walls and roof.

Glad we are back on the same page , Bob.

APS.  Had the same situation come up a while back.....

I worked a claim a while back and the company considered it a a part of the dwelling, as it was attached to the structure. As I said, it sometimes is a company decision. You would think it would be APS, as it does not fit the definition of dwelling. Isn't adjusting fun.

great post Leland. When the HO language sounds like it might be either coverage... I always reach for the old standard fire and EC and then the DP's the underwriters intents are usally spelled out by the "older" policys

If it's a CP 10 10 covering it, you'd need a separate endorsement regardless of its connection to the building, but you still have a ways to go in getting the right peril to cover a loss to the pool. 

Then again, that's not saying much since that policy doesn't cover fences, antennas, bridges, or any other paved surfaces..

A dwelling can be insured by a fire and EC policy. The dwelling has to have an address listed on the dec. sheet. Under the fire forms for residence you have some dwelling extensions. Detached garage, other buildings fences sidewalks etc. But pools are not lncluded.

When the homeowners policy began pools (in ground) were added with a new definition Other structures. A dwelling can have a pool, but a pool can not be insured under a fire policy (inland Marine) therefore it cant have a dwelling as another structure or put another way other structures can never be the main dwelling, but it could be a guest house. Read the definitions and the contract and it becomes very clear. If the pool floated out of the ground what peril would this be? Have you ever heard of a dwelling with a slab foundation ever floating out of the ground?

HO3 10

A. Coverage A – Dwelling
1. We cover:
a. The dwelling on the "residence premises" shown in the Declarations, including structures attached to the dwelling; and
b. Materials and supplies located on or next to the "residence premises" used to construct, alter or repair the dwelling or other structures on the "residence premises."
2. We do not cover land, including land on which the dwelling is located.

B. Coverage B – Other Structures
1. We cover other structures on the "residence premises" set apart from the dwelling by clear space. This includes structures connected to the dwelling by only a fence, utility line, or similar connection.
2. We do not cover:
a. Land, including land on which the other structures are located;
b. Other structures rented or held for rental to any person not a tenant of the dwelling, unless used solely as a private garage;
c. Other structures from which any "business" is conducted; or
d. Other structures used to store "business" property. However, we do cover a structure that contains "business" property solely owned by an "insured" or a tenant of the dwelling provided that "business" property does not include gaseous or liquid fuel, other than fuel in a permanently installed fuel tank of a vehicle or craft parked or stored in the structure.
3. The limit of liability for this coverage will not be more than 10% of the limit of liability that applies to Coverage A. Use of this coverage does not reduce the Coverage A limit of liability.

OK, I'll enter the fray now too.  The pool?  APS all the way in my opinion.  Not within the confines of the residence dwelling, connected perhaps only by surface concrete...but otherwise separate from the dwelling.  No different than a detached garage with a sidewalk or patio between it and the dwelling.  Likewise, your last post about the "porch" or whatever it is...there is "clear space" from what we can see and it is a separate structure from the dwelling.  If there is an unseen walkway/connection to the dwelling, then I'd go along with it being part of the dwelling.  But a sidewalk or a piece of trellis tacked over the roof to connect the roofs should not make a difference.  An insured might win the argument though, if it's clearly a point of "clear space", along with policy definitions and precedents that have occurred in the jurisdiction.  Just my nickels worth, with 3 cents credit.

I should have taken more pixs

yes  one  pour all the way across the house.