Insured has an HO-3 policy. While traveling, the Insured left the boiler's natural gas on, electric on and the thermostat at 68 degrees. The ignition device on the seven-year old boiler somehow fails, and no heat is generated. Pipes freeze, then thaw and neighbor observes the water escaping the home. Major claim. Question: if the Insured left the heat on and the boiler switch/pilot light failed to ignite, was the loss "sudden and accidental" (covered) or is the policyholder responsible that the boiler failed to ignite (and the failure to maintain heat exclusion is activated)?
Florida Subscriber
Sudden and accidental isn't actually required for damage to property under Coverages A and B. It's only required for Coverage C property, regarding the sudden and accidental tearing apart, cracking, burning or bulging of a steam or hot water heating system, an air conditioning or automatic fire protective sprinkler system, or an appliance for heating water. That and the clause for sudden and accidental damage from artificially generated current are the only places the policy references "sudden and accidental". You may find this article interesting: The Myth of Sudden and Accidental is it Really a Thing.
For coverage, the policy requires direct physical loss. The exclusion regarding freezing is as follows:
This provision does not apply if you have used reasonable care to:
(a) Maintain heat in the building
The insured left the gas and electric on with the temperature set at 68 degrees. That is more than reasonable, as standard practice is that the heat should be left at 55 degrees or warmer. Unless the insured knew that the ignition device was wearing out and that it should have been replaced earlier, the insured did everything he could to reasonably maintain heat in the building. The loss should be covered.