If the neighbor's pool collapses (due to wear and tear) and the water goes onto the insured's property and damages the insured's fence and inground pool. Would there be coverage under the homeowner's policy? Our insured has an ML-3 all risk policy.

New York Subscriber

While your policy may be open perils, all policies have exclusions. The collapse of the neighbor's pools caused water to run freely over the surface of the ground and into the insured's yard damaging the fence and the swimming pool. Water damage is excluded under the policy when caused by flood, surface water, waves, tidal water, etc. Surface water is water that meanders across the ground outside of any boundaries; the water from the neighbor's pool is surface water, therefore the damage it caused is excluded.