My 5 year old son vomited all over 3 rooms of very expensive
by Guest » Sat Feb 13, 2010 02:55 pm
Will home owners insurance cover replacement cost of wool carpet that has been ruined due to child vomiting?
Total Comments: 15
Posted: Sun Feb 14, 2010 12:30 pm Post Subject:
due to child vomiting?
Not if the vomiting child (sorry by the way) is a resident of the household..
Are you 100% that the carpet is ruined? I've seen a lot of good work done by quality cleanup companys. Look in the phone book for restoration/fire/water clean up companys (similar to serve pro) you might want to give then a try before you rip up that carpet.
Posted: Tue Feb 23, 2010 05:38 pm Post Subject:
You sure about that Lori, an "open peril" contract does not specifically exclude "that" peril. I'd be interested to hear the outcome of a claim.
Posted: Tue Feb 23, 2010 07:47 pm Post Subject:
Not if the vomiting child (sorry by the way) is a resident of the household..
Lori, that doesn't make a difference. This would be 100% covered under a HO policy. Several cases of damaged caused by residents of the household come to mind. Had one not to long ago where a resident's father spilled his colostomy bag on the sofa, was not a fun one to do. :shock:
Posted: Tue Feb 23, 2010 08:23 pm Post Subject:
Only other thing that comes to mind is how many occurrences this is. If more then one, might be more the one deductible that applies.
Posted: Wed Feb 24, 2010 02:58 am Post Subject:
You are correct. This event would be covered by the home owners policy. However, trench it may not be covered 100%.
Posted: Wed Feb 24, 2010 03:09 am Post Subject:
However, trench it may not be covered 100%.
What I meant Brad, was that the "event' would be 100% covered under a HOP. I didn't mean that the costs would be covered 100%. Sorry for the confusion.
Posted: Thu Feb 25, 2010 12:12 am Post Subject:
The open-perils coverage afforded in an HO3 contract, first of all, only applies to the dwelling and other structures. Permanently affixed carpeting is considered part of the dwelling, so there is definitely coverage for this loss. The questions is whether it's going to be settled on an ACV or Replacement cost basis.
Language within the ISO HO3 policy deals specifically with certain items and how losses are settled:
Specifically, in Section I- Conditions Part C: Loss Settlement, the contract states the following:
"Covered property losses are settled as follows:
1. Property of the following types:
a. Personal Property;
b. Awnings, carpeting, household appliances, outdoor antennas and outdoor equipment, whether or not attached to buildings;
c. Structures that are not buildings;
d. Grave markers, including mausoleums; at" Actual Cash Value" at the time of loss but not more than the amount required to repair or replace
So, carpeting is settled on an ACV basis UNLESS the home has the Replacement Cost Coverage endorsement attached to the contract. This will allow settlement at replacement cost and alters the terms of the above quote to include replacement coverage for awnings, carpeting, etc.
It's important to note that many insurers do NOT use ISO forms so it's critical that the insured specifically check HIS policy for language on any attached endorsements, etc. This could vary by both state and insurer.
InsTeacher 8)
Posted: Thu Feb 25, 2010 01:05 am Post Subject:
Sorry guys,
Will home owners insurance cover replacement cost of wool carpet that has been ruined due to child vomiting?
I can't tell from this post, 'which' HO policy they have... I must've taken it differently than you all, when I read, 'expensive wool carpet (singular) I assumed, (and you know what happens when you do this :roll: )..an oriental type carpet that you can pick up and walk out with (ie personal property)...do they even make wool wall to wall carpet anymore?
Since they clearly haven't come back..guess we won't know..
This would be 100% covered under a HO policy
Not all of them Trench
Posted: Thu Feb 25, 2010 01:22 am Post Subject:
Lori- I somehow figured this was a wall-to-wall issue as the subject line mentioned "3 rooms of very expensive wool carpeting." If it's an area rug as you suggested, there would be no coverage under any homeowner contract as the personal property is a named-perils coverage basis. The only possible way that this could be covered under a HO policy is if it were an HO5 or had the HO15 endorsement extending the open perils coverage to personal property. That's really uncommon as most insurers won't issue that form.
InsTeacher 8)
Posted: Thu Feb 25, 2010 04:30 am Post Subject:
Not all of them Trench
Please read my reply to Brad. With what Ins posted-he said unusal- I have yet to see a client deny coverage for that endorsement.
Posted: Sun Feb 14, 2010 12:30 pm Post Subject:
due to child vomiting?
Not if the vomiting child (sorry by the way) is a resident of the household..Are you 100% that the carpet is ruined? I've seen a lot of good work done by quality cleanup companys. Look in the phone book for restoration/fire/water clean up companys (similar to serve pro) you might want to give then a try before you rip up that carpet.
Posted: Tue Feb 23, 2010 05:38 pm Post Subject:
You sure about that Lori, an "open peril" contract does not specifically exclude "that" peril. I'd be interested to hear the outcome of a claim.
Posted: Tue Feb 23, 2010 07:47 pm Post Subject:
Not if the vomiting child (sorry by the way) is a resident of the household..
Lori, that doesn't make a difference. This would be 100% covered under a HO policy. Several cases of damaged caused by residents of the household come to mind. Had one not to long ago where a resident's father spilled his colostomy bag on the sofa, was not a fun one to do. :shock:
Posted: Tue Feb 23, 2010 08:23 pm Post Subject:
Only other thing that comes to mind is how many occurrences this is. If more then one, might be more the one deductible that applies.
Posted: Wed Feb 24, 2010 02:58 am Post Subject:
You are correct. This event would be covered by the home owners policy. However, trench it may not be covered 100%.
Posted: Wed Feb 24, 2010 03:09 am Post Subject:
However, trench it may not be covered 100%.
What I meant Brad, was that the "event' would be 100% covered under a HOP. I didn't mean that the costs would be covered 100%. Sorry for the confusion.
Posted: Thu Feb 25, 2010 12:12 am Post Subject:
The open-perils coverage afforded in an HO3 contract, first of all, only applies to the dwelling and other structures. Permanently affixed carpeting is considered part of the dwelling, so there is definitely coverage for this loss. The questions is whether it's going to be settled on an ACV or Replacement cost basis.
Language within the ISO HO3 policy deals specifically with certain items and how losses are settled:
Specifically, in Section I- Conditions Part C: Loss Settlement, the contract states the following:
"Covered property losses are settled as follows:
1. Property of the following types:
a. Personal Property;
b. Awnings, carpeting, household appliances, outdoor antennas and outdoor equipment, whether or not attached to buildings;
c. Structures that are not buildings;
d. Grave markers, including mausoleums;
at" Actual Cash Value" at the time of loss but not more than the amount required to repair or replace
So, carpeting is settled on an ACV basis UNLESS the home has the Replacement Cost Coverage endorsement attached to the contract. This will allow settlement at replacement cost and alters the terms of the above quote to include replacement coverage for awnings, carpeting, etc.
It's important to note that many insurers do NOT use ISO forms so it's critical that the insured specifically check HIS policy for language on any attached endorsements, etc. This could vary by both state and insurer.
InsTeacher 8)
Posted: Thu Feb 25, 2010 01:05 am Post Subject:
Sorry guys,
Will home owners insurance cover replacement cost of wool carpet that has been ruined due to child vomiting?
I can't tell from this post, 'which' HO policy they have... I must've taken it differently than you all, when I read, 'expensive wool carpet (singular) I assumed, (and you know what happens when you do this :roll: )..an oriental type carpet that you can pick up and walk out with (ie personal property)...do they even make wool wall to wall carpet anymore?Since they clearly haven't come back..guess we won't know..
This would be 100% covered under a HO policy
Not all of them TrenchPosted: Thu Feb 25, 2010 01:22 am Post Subject:
Lori- I somehow figured this was a wall-to-wall issue as the subject line mentioned "3 rooms of very expensive wool carpeting." If it's an area rug as you suggested, there would be no coverage under any homeowner contract as the personal property is a named-perils coverage basis. The only possible way that this could be covered under a HO policy is if it were an HO5 or had the HO15 endorsement extending the open perils coverage to personal property. That's really uncommon as most insurers won't issue that form.
InsTeacher 8)
Posted: Thu Feb 25, 2010 04:30 am Post Subject:
Not all of them Trench
Please read my reply to Brad. With what Ins posted-he said unusal- I have yet to see a client deny coverage for that endorsement.
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