We have a building insured under the CP 00 10 Building & Personal Property form, with the CP 10 30 Cause of Loss Form, edition 04 02. A tree/bush took root in the wall of the building near a downspout. The root has grown through the middle of the exterior wall of brick. The loss was discovered when the outer portion of the brick wall gave way, and fell to the ground.
Our initial thought is that there is no coverage for this loss. However, in reviewing the CP 10 30 form, it is difficult for us to pinpoint an applicable exclusion.
Do you see coverage for this loss? What exclusion applies?
Kentucky Subscriber
The policy contains an exclusion for faulty or inadequate maintenance (c.(4). Merriam Webster defines maintenance as: the act of keeping property or equipment in good condition by making repairs, correcting problems, etc.
By not removing the tree that could clearly be seen growing on the outside of the building, the insured was not correcting a known problem, and not keeping the property in good condition. If the tree wasn't visible then I could go for coverage; but since there's a lush tree growing out the downspout, this should have been taken care of much sooner and then the growth would not have cause the damage it did.