Question of Fact whether Water Loss Occurred During the First 14 Days of Leak

Many property insurance policies have an exclusion regarding loss caused by a repeated leakage of water over a period of 14 days or more.  Think of a leak with a plumbing system and that leak is continuous over a period of 14 days or more.  Consider a leak in a vacation home or when you are out of town…a leak that you would not readily discover.  In recent decisions regarding this exclusion, it has been found that nothing in this exclusion bars water loss that occurs during the first 14 days.  While loss that occurs on the 14th day and after would be excluded, loss that occurs during the first 14 days could be covered.  This means the insured will have an expert testify the loss, or most of it, occurred during the first 14 days and the insurer will have an expert to testify the loss occurred on the 14th day and after.  This is a nice decision for insureds as this exclusion becomes a question of fact where it is likely the jury will find water loss occurred during the first 14 days from a continuous leak.  For more on this issue, please check here.

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

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