April 6, 2015
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.
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.
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