by real » Wed Oct 12, 2011 12:13 pm
Insured must replace air conditioners to conform with Federal pollution issues re the gas. New gas is far more expensive and not compatible with earlier model air conditioners.
Are the A/C's included in the exclusion?
Are the A/C's included in the exclusion?
Posted: Wed Oct 12, 2011 12:30 pm Post Subject:
What exclusion? Your post does not make any sense.
Posted: Wed Oct 12, 2011 01:31 pm Post Subject:
My apologies for not making sense...perhaps if I copy you with the policy wording I won't provoke such bluntness...
Exclusion B.1.a.(1.), CP 1030 , 10/90 edition/ page 1 of 6:
B. EXCLUSIONS
1. We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss.
a. Ordinance or Law
The enforcement of any ordinance or law:
(1) Regulating the construction, use or repair of any property; or ...
Air conditioner used a refrigerant that Federal Laws now insist must be removed from the market. The new refrigerant requires an upgrade of the a/c, doubling the cost of the equipment.
Would this exclusion, quoted above, embrace fixtures/personal bus. prop, or does it apply only to structures, although it state ANY property.
If I'm still not making sense, then I'll have to understand that my english is not up to par, so you don't reply and I won't insist.
Thank you.
Posted: Thu Oct 13, 2011 12:31 am Post Subject:
We will not pay for loss or damage caused directly or indirectly by any of the following. . . . The enforcement of any ordinance or law: (1) Regulating the construction, use or repair of any property; or ...
What comes after that last "or"? As you've left it, I would agree that it is somewhat ambiguous.
In the end, you're going to have to match the language in the federal regulation with the language in your policy contract. If there's a lot of money at stake, it may be wise to pay a lawyer or legal-type person for an hour or two of his time to check this out for you. I would also contact the federal department that issued this requirement to try to get more info. You might also be able to get some information from your state department of insurance.
If you post the rest of the stuff after "The enforcement of any ordinance or law" I'll give it a look, but my opinion is not really going to hold much weight in the end.
Also, are you sure you have to replace the unit, or is it possible to purchase some of the old refrigerant? Maybe it's being phased out and you can get someone to install some for you? I would google the name of the refrigerant and see what you can find. If this is a new federal requirement, then you can't be the only one being faced with this.
Good luck.
Posted: Thu Oct 13, 2011 12:35 am Post Subject:
Upon second thought, "any ordinance regulating the use of any property" would seem to cover the federal ordinance regarding your A/C, in my opinion. So I imagine that the insurance won't cover it.
You should still look into the matter further, of course, but that's what it looks like to me.
Good luck.
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