Ask Tim

Two Minutes With Tim - Is a Swimming Pool a "Detached Structure"?

Two Minutes With Tim: Is a Swimming Pool a "Detached Structure?" from Big I New York on Vimeo.

Submitted for your approval:

1. A home is insured for $512,000

2. By the terms of the Homeowners policy, "Other Structures" are insured for $51,200.

3. A swimming pool attached to a pool deck attached to steps attached to a patio attached to the house is damaged to the tune of $237,000.

Is the pool part of the dwelling (insured for $512,000) or is it an "other structure," insured for only $51,200? In this video, I answer that question based on a court's decision in Porco v. Lexington Ins. Co.

Think All Policies Are The Same? (Part 6)

It’s been awhile since a member sent me a juicy example of subtle policy wording that resulted in an uninsured loss. My thanks to a member in Suffolk County for providing this one. Here is the transcript of our correspondence, edited slightly for clarity. I will leave the name of the carrier and the publisher of its form anonymous.

Question from a Big I NY member: One of my friends has a Dwelling Fire policy with a NY carrier that uses non-ISO forms. He had a tenant who went through a divorce, lost his job and stopped paying rent on the house. The insured started eviction proceedings and had him evicted (which took months.) When they got in to the premises, they found vandalism damage and items removed. The tenant also stopped buying heating oil and when he left, some of the pipes had frozen and broken, causing more damage.

The carrier denied coverage citing Exclusion 4, Dishonest or Criminal Acts, stating that he “entrusted” the property to this tenant who caused this intentional damage.