The insured's kitchen sink wasn't draining well. A plumber scoped the line and found tree roots blocking it. The only fix is to dig up and replace the pipe. The adjuster checked the HO3 (2011) exclusions but didn't find one specifically for tree roots. Do others apply?
Notable Timestamps
[ 00:45 ] – The adjuster checks the ISO HO3 (2011) policy but finds no explicit exclusion for damage caused by tree roots.
[ 04:44 ] – Tree root damage exclusions can exist in some policies, but are rare. If clearly written, they're usually enforceable.
[ 05:30 ] – Lacking that, adjusters must look at general exclusions. The team explores all possibilities, including wear and tear, inherent vice, and non-fortuitous loss.
[ 06:14 ] – Does wear and tear apply? Tree root intrusion may be interpreted as gradual, expected deterioration, not sudden damage.
[ 07:14 ] – "Insurance covers risks, not costs." Damage expected to happen over time (like root growth) may fall outside coverage.
[ 10:12 ] – Earth movement was suggested as an exclusion. It's debatable whether tree roots pushing soil could qualify as "earth movement."
[ 12:08 ] – Inherent vice is another possible exclusion, if pipe failure resulted from defective materials rather than external damage.
[ 13:03 ] – Faulty maintenance or neglect may apply if the homeowner ignored known tree root issues or failed to maintain the system.
[ 14:01 ] – If pipe damage is covered, costs to dig up the lawn may also be covered as part of the repair.
[ 15:00 ] – But if the loss is excluded, tear-out costs likely aren't covered unless tied to investigation or specifically included.
[ 16:04 ] – The bottom line: coverage depends on facts, foreseeability, and exclusions. Without a tree root exclusion, outcomes are uncertain.
Your PLRB Resources
FAQ: Tree Root Losses - https://www.plrb.org/documents/tree-root-losses/
Coverage Question: Tree Root Damage: Fortuitous or Non-Fortuitous? - https://www.plrb.org/documents/tree-root-damage-fortuitous-or-non-fortuitous-pcq-2022-01-21-dwf-b/
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