As this loss is not sudden and accidental, and occurred over a period of time, there is no coverage for this loss.Ī: “The carrier is applying an exclusion that does not exist. The carrier denial letter reads, in part:Ībout our decision: Our review showed that the pipe in the wall has been leaking for a long period of time causing mold and rot. We do not insure, however, for loss caused by: Constant or repeated seepage or leakage of water or steam over a period of weeks, months or years from within: a) A plumbing, heating, air conditioning or automatic fire protective sprinkler system or a household appliance on the ‘residence premises ’ or b) A storm drain or water, steam or sewer pipes off the residence premises.įor purposes of this provision, a plumbing system or household appliance does not include a sump, sump pump or related equipment or a roof drain, gutter, downspout or similar fixtures or equipment. In regard to water damage caused by a leaking pipe, the proprietary homeowners policy contains the following exclusionary wording: Q: “The homeowners carrier is denying the claim. When the insured noticed the stains, they opened the wall and fixed the pipe. The first evidence of the leak, which ended up damaging the walls and floor, appeared as water stains on the drywall. An insured was unaware that a pipe was leaking behind a wall.
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