Broken Glass Used to Level Yard

We have had an unusual claim submitted to us, and would like your thoughts. Our insureds have an HO 00 03 04 91 on a newly-purchased residence.

The wife was raking pine needles in the front yard, and she noticed that there seemed to be lots of glass among the needles. She did not give it too much thought, until her husband began to dig a koi pond in the back yard, and discovered that there was glass to a depth of approximately thirteen feet.

We have since learned that the previous owner worked for a waste management company, and used broken glass to level his land, covering the glass with a thin layer of soil and sod. The insureds have submitted a claim to us, but we do not see how this is a covered loss. Do you?

California Subscriber

We agree that the loss is not covered. There has been no direct physical loss to covered property; that is, to the dwelling, other structures, or to personal property. It is the land that is damaged in that it cannot be used as a normal residential premises can be used—for gardening, digging a fish pond, or whatever. And, most homeowners forms do not cover land. Those that do offer a certain amount for restoration of land base the coverage on covered property first having sustained a covered loss. That is not the case in this situation.