HO insurance: windstorm exclusion vs. falling object peril

Archived From: Finance
  • Page :
  • 1
  • Text Only
Voting History
rated:
Policy is Homeowners 3 - Special Form (South Carolina).
Policy has Windstorm or Hail Exclusion:  "In all forms, coverage for the peril of windstorm or hail is deleted."
Policy does cover the peril of Falling Objects. "This peril does not include loss to property contained in a building unless the roof or an outside wall of the building is first damaged by
a falling object. Damage to the falling object itself is not included."

So: During a windstorm, a tree limb falls and damages severely damages roof, e.g., crushes rafters.

Does windstorm exclusion apply to the roof, where the damage was NOT a direct result of the wind (wind didn't crush the rafters), but rather an indirect result of the wind (falling object)?

P.S.  Stay safe, everyone.

Member Summary
Staff Summary
Thanks for visiting FatWallet.com. Join for free to remove this ad.

Cut down all trees that are located less than their height distance away from your house, tonight.

Historically, falling tree limbs and the related damage have not been covered. I had two separate occasions my tree limbs took out the neighbor's power lines and the connection to their home. I was not responsible under "Act of God" exemptions. Snow storm caused tree limbs to fall.

In Nebraska, HO3 coverage of damage due to wind and hail is a major covered claim each year.  Tree limbs caused damage are an exception.

JW10 said:   In Nebraska, HO3 coverage of damage due to wind and hail is a major covered claim each year.  Tree limbs caused damage are an exception.
  Come again? 2 years ago an 18 inch diameter branch broke off a tree in my backyard taking out part of the back deck railing. Damage was well under my deductible, but if it was 10 feet closer to the house, it would have gone through the roof. H.O. won't cover that? 

Tree limbs, like meteors and satellites, are without doubt Falling Objects. My question is about the interaction between this covered peril and the Windstorm exclusion.

Tuphat...I am dealing with this exact circumstance on a family owned property in Hilton Head. Perhaps, you are involved in our claim? More likely, you are dealing with a separate issue. I would love to communicate with you directly if possible.

tuphat said:   Tree limbs, like meteors and satellites, are without doubt Falling Objects. My question is about the interaction between this covered peril and the Windstorm exclusion.
My strong hunch in general is that the loss is excluded. The falling object was caused by the windstorm.

Does the windstorm exclusion contain any additional language? For example, clause A2 in this random exclusion language I google'd (http://iacoop.biz/endorsements/CP%201054.pdf) seems to specifically include this type of consequential loss.

Edit to add: if SC law applies, it appears that SC follows an efficient proximate cause theory, where if the predominant cause is excluded, then the entire loss is excluded. (http://www.propertyinsurancecoveragelaw.com/uploads/file/Concurr...

I am not your lawyer.



Disclaimer: By providing links to other sites, FatWallet.com does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to FatWallet.com.

Thanks for visiting FatWallet.com. Join for free to remove this ad.

While FatWallet makes every effort to post correct information, offers are subject to change without notice.
Some exclusions may apply based upon merchant policies.
© 1999-2017