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ChuckDeaton
USA
373 Posts |
 Posted - 10/05/2003 : 08:35:00
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| Isabel's winds blew a tree down and in the process an under ground septic tank is damaged. The tank is attached to the risk by underground piping. Is there coverage? Discussion? This happened in VA |
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jlombardo
USA
212 Posts |
Posted - 10/05/2003 : 08:44:43
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| Chuck, I guess the first question is what type of policy? What form and edition? |
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ChuckDeaton
USA
373 Posts |
Posted - 10/05/2003 : 09:43:11
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| HO-3 latest edition |
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KileAnderson
USA
875 Posts |
Posted - 10/05/2003 : 09:53:08
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| I had a similar situation in Pennsylvania but with a gas line that the roots of a falling tree had pulled up and broken. I was told to pay for a new gas line by management. |
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CCarr
Canada
1200 Posts |
Posted - 10/05/2003 : 10:43:52
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The HO3 latest edition is the HO2000. Relative to the scenario presented, I could find no elements of coverage in the 2000 version (coverage comparisons) that would alter any decision based on a HO3- 0491.
We have in this scenario an "Occurrence", which resulted in "Property Damage", at the "Residence Premises".
We have in this scenario an "Other Structure", ".... on the residence premises set apart from the dwelling .... this includes structures connected to the dwelling by only .... or similar connection".
Section I - Perils Insured Against - provides all risk cover for Coverages A and Coverage B. Obviously wind is a covered peril, and a review of the "we do not insure" items does not reveal any exclusion that would impede this path to coverage.
Section I - Exclusions has nothing that would be adverse for coverage in the presented scenario.
Do I dare use the term "proximate cause"? I will, and say that it was wind that blew a tree down on to the ground on top of a septic tank. The impact of that event - given a tree of sufficient girth and weight - could damage an underground septic tank, whose surface is normally not more than an inch or two below the surface of the ground.
If I was the adjuster in the field, thinking in advance of who may judge my findings and their knowledge of septic tanks, it would not be the issue of coverage that would concern me as much as direct damage to the septic tank by the fallen tree. I would hope that my photos would illustrate the great girth of the tree, and possibly more important that the septic tank was constructed of the newer plastic synthetics used in the newer tank molds than the traditional precast concrete; all of which would add to the likely vunerability of damage to the tank by the fallen tree.
Therefore, subject to any specific adverse features of a VA HO3, I would say that this is a covered situation for the septic tank, plus available coverage under Debris Removal for both the septic tank and the tree that damaged the septic tank.
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Edited by - CCarr on 10/05/2003 10:53:53 |
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jlombardo
USA
212 Posts |
Posted - 10/05/2003 : 13:30:04
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Chuck,
As usual, our friend from the north seems to have pretty much nailed it......I would have to agree with him..... |
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ChuckDeaton
USA
373 Posts |
Posted - 10/05/2003 : 13:59:28
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| Thanks guys |
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Tom Toll
USA
154 Posts |
Posted - 10/05/2003 : 15:17:17
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Chuck, sorry, have not had much time to look at CADO.
Its covered , wind blew the tree down, damaged the black tank, which is connected to the dwelling. Wind is the peril, dwelling is covered with all elements that are germain to the dwelling and it operation. |
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fivedaily
USA
258 Posts |
Posted - 10/05/2003 : 16:46:58
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What just happened here? Someone posted a coverage question and within only a few posts we had an answer and then 2 more posts agreeing with the answer??? Is this CADO? Where is the flaming and name calling?
Jennifer
(For the record... I think Clayton is correct.) |
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jlombardo
USA
212 Posts |
Posted - 10/05/2003 : 17:31:40
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| Hey,Jennifer, Quite being an instigater....there's no room for trouble makers here in perfect adjuster land, aka Cado.......Right Clayton? How about it CatDaddy? What do you think Alan???? Where's Jim when you need him??? |
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fivedaily
USA
258 Posts |
Posted - 10/05/2003 : 17:35:54
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You know... I actually had that same thought, "Where's Jim?" I know he would have had some disagreeable remark to say!
And as to ME being a troublemaker... this is as close as I ever get to it. Though I did speak sternly to a roofer today about him following only 2-3 feet behind me while I tried to inspect a house. I am afraid I am not very mean or intimidating.
Jennifer |
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CCarr
Canada
1200 Posts |
Posted - 10/05/2003 : 17:39:04
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Yes Hurricane, isn't it wonderful, and I sincerely mean that it doesn't have anything to do with people agreeing with my comments. There is Peace in the valley and the leaves are turning crimsom.
I don't mind discussion, disagreement and debate, often enjoying it on contentious issues; it is healthy to get all sides out on difficult topics or questions. It makes a person dig deep for answers or positions they can logically support. I enjoy all that, as long as we do not dig for dirt or bruise each other along the way.
In business for ourselves, but not by ourselves.
In the past few months we have elevated the participation by CADO members to over 11.5% of the membership. I remember last year when this was below 8% with a lot fewer members and this web site was often like a war zone.
There is so much more we can do for each other, when we don't look at each other as competitors or adversaries. |
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CCarr
Canada
1200 Posts |
Posted - 10/05/2003 : 17:45:41
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Well since we have dealt with the opening question and wandered, I have this itch to start a mystery puzzle game which surrounds Joe's and 5D's mutual question.
I've dropped a few clues since September, but aside from that the answer sits within your view. |
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JWill
USA
28 Posts |
Posted - 10/05/2003 : 18:43:38
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| I think Jim has left the fold. |
J. Williams |
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Steve H
Switzerland
30 Posts |
Posted - 10/05/2003 : 19:05:42
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| Liberty Mutual in VA ruled that a tree that damaged a sprinkler system when the tree fell is covered under Cov B. It did not fall on the system, but the roots snagged the line as it fell. Septic system, like the sprinkler system, is connected to the dwelling and is not separated by a clear space, but they said Cov B, regardless. |
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AllCatMan
USA
39 Posts |
Posted - 10/05/2003 : 21:22:48
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As for Jim..... notice the exit of Jim and the entrance of TED PASON.... and with the same poison pen or in this case keyboard.....coincidence??? Maybe... Maybe not.
But on a brighter note... The view from the hotel is for once spactacular...board walk, sand, surf, bikini clad women...sometimes it is a little distracting. But we dont often get to work our claims with an ocean view... it aint Texas but it is a grand view..
PS I have met our very own Tom & Janice Toll..for those of you who have not had the pleasure they are super people. I got a chance to visit them for awhile a couple of doors down this afternoon.
I enjoyed it Tom and Janice I hope to be able to visit more during the storm...
Be safe everyone.. |
Join in the Chat Room nightly 7cst/8est. |
Edited by - AllCatMan on 10/05/2003 21:24:33 |
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Tree damages septic tank
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