I have an insured that is renting a 2 family home; right now tenants occupy only the first floor of the residence.
The tenants (students) from a local university left for winter break and one of the students (we are trying to find out who) lowered the thermostat or thought he lowered the thermostat, but instead switched it from heating to cooling.
As you can imagine, the person that watches the house for the insured (not local) discovered pipes had frozen and split with water damaging the home.
The insurance company initially inspected and then just last week denied the claim based on the Frozen Pipe Exclusionary Language in the DP 00 03 policy.
The Ins Co is aware as to what happened to cause the pipes to freeze and split.
I was just called by the insured after the denial. So, as you are well aware, obviously heat was not maintained in the building, but the insured is a landlord and does not live in the home.
What are your thoughts on coverage, since the claim was caused by a tenant and not the insured?
Unfortunately, the only exceptions to the freezing exclusion are if heat has been maintained in the building or the water was shut off and drained from all systems. It is ultimately the insured's responsibility to see that the property is maintained, whether it is rented and in the control of others or not. There is no coverage for this loss.