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Lead!!!!

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mollym.sequoia@

Junior Member
What is the name of your state? California
My insurance company agreed to pay for the repair of vandalized windows on my house. They say that they can be re-pained. However, the city found lead in the paint on the frame of the windows and the city said that the windows will need to be replaced. Should my insurance cover that since the windows were vandalized and the lead paint would have remained undisturbed if the vandalism didnt happen?
 


FlyingRon

Senior Member
Speaking off the cuff, I would think not. The fact that you had a latent preexisting defect isn't a dmage caused by the casualty you reported. However, it might be in the insurer's best interest to abate the hazard anyhow. Have you asked them?
 

adjusterjack

Senior Member
Check your policy and read the section entitled Ordinance or Law:

If it reads like this:

Ordinance Or Law
a.
You may use up to 10% of the limit of liability that applies to Coverage A for the increased costs you incur due to the enforcement of any ordinance or law which requires or regulates:
(1) The construction, demolition, remodeling, renovation or repair of that part of a covered building or other structure damaged by a Peril Insured Against;
(2) The demolition and reconstruction of the undamaged part of a covered building or other structure, when that building or other structure must be totally demolished because of damage by a Peril Insured Against to another part of that covered building or other structure; or
(3) The remodeling, removal or replacement of the portion of the undamaged part of a covered building or other structure necessary to complete the remodeling, repair or replacement of that part of the covered building or other structure damaged by a Peril Insured Against.
b. You may use all or part of this ordinance or law coverage to pay for the increased costs you incur to remove debris resulting from the construction, demolition, remodeling, renovation, repair or replacement of property as stated in a. above.
c. We do not cover:
(1) The loss in value to any covered building or other structure due to the requirements of any ordinance or law; or
(2)
The costs to comply with any ordinance or law which requires any "insured" or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants in or on any covered building or other structure. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
Then you would not be covered for lead remediation because of paragraph c.(2).
 

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