Homeowner's Insurance

Homeowners Insurance and Trampolines

Insurance companies consider trampolines to be an Extreme Risk, People are often injured (sometimes seriously) on them. The claims paid on trampoline related accidents are some of the highest an Insurer can ever encounter. The injuries sustained can be far reaching and last a lifetime. Injuries such as Lifelong Paralysis can require medical care and assisted living expenses that far exceed most policy limits. Insurance companies are writing policies with many stipulations in them due to the high rate of injury claims.

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• Just two days ago my neighbor put a trampoline up. This neighbor never is out with their young children so any activity that gets them out of the house and out of her way is what they look for. in the first hour of them jumping on this while we were outside playing you heard the youngest a six year old screaming and crying then running in for help twice that we know of. Not only are they a danger but when unobserved with no parental care they are an extreme hazard. I have a family member that is a competitive gymnast trained for years to do these jumps at the gym under a coaches direct supervision. she jumps and trains on a trampoline at the gym, not at home. her parents are wise enough to know that it is something to be used while under supervision and one person at a time. putting a trampoline in their yard is and should become a huge liability to that homeowner.

• Insurance companies are also worried about uninvited trampoline jumpers. Even if you supervise your children on the trampoline and make sure that they use it properly, neighbors and others may be tempted to use it when you are not around. Trampolines are considered an "attractive nuisance" which means that they tempt people to use them even when they do not have permission to do so. Even though this is trespassing some courts will make awards to the trespassers anyway. It may not even matter that you have signs posted telling everyone to keep off. Some individuals may sue when they get hurt on your trampoline, even if you did not give them permission to use it. This can cost you (or rather your insurance company) thousands, perhaps millions of dollars (hey weirder things have happened!) Even if your win the court case brought against you and you are not found liable for the intruder's injuries your insurance company will have spent thousands defending you. Insurance companies would rather lose your business ($500 premium) than thousands defending a law suit.

Only if the owner above was negligent somehow. A pipe simply bursting suddenly and without warning would not trigger any liability of the unitowner.

However, if the unitowner above was filling his bathtub, and decided to go out for dinner and the tub overflowed....there might be some negligence on his behalf and possible liability on the unitowner. It all depends on exactly what caused the water damage.

Another Answer

There are separate responsibilities here, first, to clean up the water damage and second, to pay for the clean-up and repair.

Clearly, water has flowed through common areas -- the walls/ floors/ ceilings, which are owned by the association. As well, two separate units -- at least -- are involved.

When water is evident in places where it shouldn't be, the first call is to the association's manager -- on an emergency basis -- to learn how to 'turn off' the water source. (A unit owner may know this already.) NB: It may be a leaky roof or window, or a mystery source.

The association manager can then contact the appropriate clean-up team, and contact the master insurance policy carrier to alert the company of a pending claim.

A unit owner is best advised to carry an HO-6 condominium owners policy, which may cover the expense of such an incident, including damage to other units. Lacking such coverage, an owner may be required to pay for damages.

Best practices dictate that a unit owner not tackle this issue alone: involve the association manager and/or board, so that the appropriate response takes place and payments are made according to the insured status of all involved.

If you had an unsecured piece of exercise or more aptly recreational equipment such as a trampoline you could be held liable for the damages.

Trampolines are considered one of the most dangerous toys a home owner could ever own. They result in the highest proportional incidence of injuries resulting in Death. Paralysis and Critical injury of any yard recreation device known.

Almost every home insurance policy written in any country in the world including the United States will exclude coverage for any claims of property damage, injury or liability of any kind resulting from the ownership of a trampoline.

Most insurance companies perform an precursory home inspection at policy issuance. Generally, if a trampoline is noted on the property, the Home Insurance Policy is cancelled right away. Most insurance companies will consider a Trampoline on the property an unacceptable risk.

So, although you may very well be personally liable for damages and injuries, It is not likely a homeowners insurance policy will cover the loss.

Barring some provable negligence on the part of the property owner there would be no liability for a natural occurrence.

Homeowners Insurance and Above ground Pools

If the damage was due to a covered cause under the policy then yes it will most likely be covered. The cause of the damage is usually the most important fact.

Answer

You should contact your insurer or your insurance agent. Most Home insurance policies provide coverage for additional structures on your property. It probably depends on what type of pool you have. The additional structures coverage is intended for permanent structures such as tool / storage sheds, detached garages, out buildings, pools etc, however if the pool is a portable one that can be set up and taken down frequently, it may be considered a temporary structure, in which case it would likely not be covered under your homeowners insurance policy.

Additionally, If you live in the U.S. there are many types of policies and levels of coverage available for purchase.

Did you purchase an HO1, an HO2, or an HO3 home insurance policy? Each policy form provides a different level and scope of coverage for your home. If you simply chose the least expensive policy, you may not have coverage for additional structures at all. Without having seen your policy, there is just no way to know what type of policy you purchased and how comprehensive your coverage may be in covering a pool.

The best source of information to answer your question would be your insurance company.

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Homeowners Insurance Coverage for Sinking Foundations?

Each major homeowners insurance policy will have its own earth movement language. There is very rarely a situation when earth movement is provided coverage without endorsement. One of the big three insurance carriers literally states plainly..."damage resulting from earth movement of any type is not covered" while other policies allow limited coverage for very specific situations employ the following policy language.... "there is no coverage for loss due to "settling, cracking, bulging, shrinkage or expansion of foundations, walls, floors, ceilings, walks, drives, curbs, fences, retaining walls". For this type of exclusion a loss associated with a broken waterline under your foundation which causes sinking/settling type damage may be covered under some policies, but not all.

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There is one exception where homeowners insurance would provide coverage to this general exclusion. This would be in an earthquake zone where the insured has purchased a specific rider which would provide coverage for only earthquake related damage.

Two alternative scenarios for getting reimbursed for earth movement damage to your home are: In a situation where there was a failure to disclose property conditions in a real estate transaction or in a situation where the earth movement damage was the result of negligence of another party which could be proved in a court of law. Contacting the offenders liability insurance or consultation of an attorney would be prudent in these situations.