My 5 year old son vomited all over 3 rooms of very expensive

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PostPosted: Sat Feb 13, 2010 2:55 pm   Post subject: My 5 year old son vomited all over 3 rooms of very expensive  

Will home owners insurance cover replacement cost of wool carpet that has been ruined due to child vomiting?
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PostPosted: Sun Feb 14, 2010 12:30 pm   Post subject:   

Quote:
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.

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PostPosted: Tue Feb 23, 2010 5:38 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.
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PostPosted: Tue Feb 23, 2010 7:47 pm   Post subject:   

Quote:
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. Shocked
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PostPosted: Tue Feb 23, 2010 8:23 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.
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PostPosted: Wed Feb 24, 2010 2:58 am   Post subject:   

You are correct. This event would be covered by the home owners policy. However, trench it may not be covered 100%.
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PostPosted: Wed Feb 24, 2010 3:09 am   Post subject:   

Quote:
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.
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PostPosted: 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:

Quote:
"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.

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PostPosted: Thu Feb 25, 2010 1:05 am   Post subject:   

Sorry guys,
Quote:
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 Rolling Eyes )..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..
Quote:
This would be 100% covered under a HO policy
Not all of them Trench
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PostPosted: Thu Feb 25, 2010 1:22 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.

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PostPosted: Thu Feb 25, 2010 4:30 am   Post subject:   

Quote:
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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PostPosted: Thu Feb 25, 2010 5:07 pm   Post subject:   

Hey Trench, what did you mean by
Quote:
With what Ins posted-he said unusal- I have yet to see a client deny coverage for that endorsement.


Do you mean that if an agent offered the HO15 endorsement, you haven't seen a client turn down the coverage offer? Or insurers are denying claims under the endorsement? Would you please clarify? Thanks!

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PostPosted: Thu Feb 25, 2010 7:00 pm   Post subject:   

I have not had a client deny a claim for resident of the household under a HOP with that endorsement. Lori stated that if the child was a resident of the household it would not be covered, that is incorrect. I wasn't stating that the claim would be covered 100%. With the persnal property endorsement of HO15, this would be covered. If a standard endorsement of 3 or 4 even with replacement coverage, as I said not 100%. Limited peril.
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PostPosted: Fri Feb 26, 2010 5:14 pm   Post subject:   

Trench, l still don't understand what you are saying. What does this mean?
Quote:
I have not had a client deny a claim for resident of the household under a HOP with that endorsement.


Client's don't deny claims- insurers and adjusters deny claims. Are your clients the carriers? Agreed with your statements on the HO5 policy/HO15 endorsement, but this part is confusing me.

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PostPosted: Fri Feb 26, 2010 6:09 pm   Post subject:   

Yes, my clients are carriers. The endorsement meaning the HO5/15. However even basic HOP HO3/4, this type of event (vomiting) would be covered on limited basis. As I said earlier in the case of the colostomy bag on the couch, the policy did not have the HO15 coverage. The claim was paid minus the deprication for the couch, which had to be replaced-after attempts to clean it failed.
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