The policy is a DP 00 03 form 07 88. The dwelling sustained water damage as a result of condensation turning to ice on the inside of the window, melting, and running down the inside glass causing damage to the drywall. It appears it has been going on for quite some time although the insured said they just noticed it. Your thoughts.

Missouri Subscriber

The exclusion for freezing applies to freezing of an plumbing, heating, air conditioning or other appliance, so that doesn't apply. Likewise, the exclusion for constant or repeated seepage or leakage of water or steam over weeks, months or years also applies to appliances so again, that doesn't apply. The wear and tear, marring exclusion doesn't seem to fit either, and it's an issue of fact that I can't determine whether this could fall under the inherent vice/mechanical breakdown. I've seen windows frost over and it's really related to weather conditions and not necessarily anything wrong with the window. Again, that really depends on the condition of the windows. The neglect exclusion applies at and after the time of loss, so it's hard to apply that if the insured didn't know there was damage. Losses are generally considered manifest upon discovery. I don't see an exclusion that would apply.