Leaky Roof Coverage, Tenant or Landlord? via Summit Business

April 6, 2015

QUESTION?

No Coverage for Leaky Roof

The tenant, who was insured under a 1989 Businessowners policy, suffered damage to business personal property due to a roof leak from wear, tear, and deterioration. The form states that we do not owe for this loss and would owe only for the ensuing damage if is a specified peril, but water from a roof leak is not a specified peril.

This means our insured, through no fault of his own, is penalized from coverage under his own policy. He can certainly file a liability claim against the landlord’s policy, but that can cause animosity.

Just wondered if you saw any other way to help our customer, other than pick a landlord who is accountable and maintains his building.

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ANSWER

There is nothing on the policy that would help the insured. The lease should indicate who is responsible for maintaining the roof, but whether it is the landlord or the tenant, there is no way to insure against wear and tear or poor maintenance. If the landlord is responsible, it becomes a liability claim or legal issue.

This reprint of publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service. If legal advice is required, the services of a competent professional person should be sought.

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Published by

AJR1630

Local AZ Public Insurance Adjuster with over 30 years experience, representing property/business owners with insurance claims to maximize recovery after a fire, water loss, theft, hail, etc. Always No Fee for Consultation!!

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