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Jeanette
25 Posts |
 Posted - 01/29/2003 : 10:15:27
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| Per the insured, wind blew his cypress mulch away. He would like coverage of the mulch itself, replacement of the plastic beneath it, the cost to re-distribute the mulch, and to clean up the mess it made in his lawn. Checked the policy, expecting to find this excluded from coverage, but can't find anything specifically relating to landscaping other than trees, shrubs, plants, and lawns. Are mulch and the layer of plastic beneath them an integral part of the "lawn," personal property, or part of the dwelling? If it is part of the "lawn," can you cite a reference? We have had outdoor items such as malibu-style lights replaced under Coverage A (dwelling) which, in a way, could be considered part of the "landscaping" but not part of the lawn. How would you handle this claim? |
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Newt
USA
657 Posts |
Posted - 01/29/2003 : 10:39:56
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I would like to try my luck at this, Jeannette, I am new so bear with me.
The mulch would be under debris removal along with the clean up, the debris itself, would not be covered, if considered part of the land. If the mulch was considered part of the lawn it would be.
Therefore a judgement call must be made or you would have to consult a supervisor. If I made a judgement call I would make it part of the lawn and write it up that way. I may get my feathers scorched but with my little understanding thats what I would do. |
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JimF
USA
1014 Posts |
Posted - 01/29/2003 : 10:44:14
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The correct answer is the mulch would not be covered under the situation described. (This is not a gray area coverage question at all, given the facts as presented)
Now let's see if you can figure out why.
Newt: Where's your 'trigger' for debris removal coverage? There is one you know! |
Edited by - JimF on 01/29/2003 10:48:17 |
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CCarr
Canada
1200 Posts |
Posted - 01/29/2003 : 11:02:55
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I am using the HO 03 0491, to develop my opinion.
Starting with "Definitions", insured location means residence premises, means the dwelling and the grounds.
Coverage A - Dwelling, ".... this coverage does not apply to land, and the same is said under Coverage B - Other Structures.
Coverage C - Personal Property, ".... cover PP owned or used ....". In addition, there is nothing in the 'Property Not Covered' section that would influence the issue.
In the "Additional Coverages" section, #3 Trees, Shrubs and Other Plants - it covers 'lawns' damaged by specific perils. In the context of that paragraph, I can see a reasonable expectation that the 'landscaping mulch' with the plastic liner could be considered as a covered type of property. You then would have to determine if the peril that caused the damage, is in fact one of the specific perils mentioned. Wind is not one of those perils mentioned.
Therefore, I would have to conclude, that the 'Cypress mulch' product is covered property as noted in Additional Coverages, but the loss cause is not a covered peril for this specific coverage. Therefore, I would not be able to recommend any indemnity for the scenario provided.
I do not think "Debris Removal" is applicable because of the wording of (1a) of that section, i.e. the peril insured against is absent that applies to the damaged property that caused the loss. |
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Newt
USA
657 Posts |
Posted - 01/29/2003 : 11:23:30
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Wind, dang, I should have read the policy. Ok Jeanette, set it on fire and you'll be covered.
I had to go out to the office and get my policys.
Under SecI E Add'l Cov. 1&3 debris removal and trees shrubs and other plants 3a thru 3g does not mention wind as a peril so it would not be covered. (Under The Iso HO3). |
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CatDaddy
USA
310 Posts |
Posted - 01/29/2003 : 11:32:28
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| CCarr's second to last paragraph nails it exactly. The only way you can consider coverage is by calling it personal property and then you dont have a covered peril. |
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Newt
USA
657 Posts |
Posted - 01/29/2003 : 11:36:26
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| I got distracted and got off line, the coffe pot beckoned, any how Clayton had already gave the answer. It goes to prove a point to me READ THE POLICY. I had the land not covered and lawn covered syndrom and didn't consider what I should have. Ya'll can beat me now. |
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Jeanette
25 Posts |
Posted - 01/30/2003 : 19:14:55
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| Thanks for your answers to my question--I'm still not sure I completely followed. Is the mulch excluded from coverage because (A) it is part of the lawn; (B) it is considered "land," Coverage A - Dwelling, ".... this coverage does not apply to land, and the same is said under Coverage B - Other Structures. (C) Either A or B applies and it cannot be considered personal property? If mulch could be considered personal property outside, would it be covered for wind damage? What if it were just "piled up" to be used but hadn't actually been distributed yet? Would it be personal property or excluded?? How would the denial letter be worded? If you care to answer, I will be interested in your view on this. |
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CatDaddy
USA
310 Posts |
Posted - 01/30/2003 : 20:33:04
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Jeanette, this time I've got my cap on, my toolbelt around my waist, my ID around my neck, and I mean business. Listen up.
Being that the mulch was in place as part of the landscaping, I think it would be a stretch to call it personal property. I know if you stacked it in your garage, still in the bags, and someone broke in and stole it, we'd be calling it personal property. In this case, facts being what they are, I would not.
Thats moves you back to Coverage A.
I would quote the named peril coverage for trees, shrubs, and other plants and state "wind" is not one of the covered perils. The policy language mentions lawns and that would include the landscaping.
Sorry I wasnt more clear with my opinion the first time. I am taking hydrocodone and vodka for my ear infection.
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Cyprus Mulch blown away
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