Property Damage due to Swimming Pool

[jlittlejohn]

What is the name of your state? OHIO

We moved to a house in February and the pool was an older pool, not structurally terrific, but decent enough to re-use (at least we thought) for this year. We bought a new liner, new pump, new filter, hardware to fix the pump and filter, new sand, etc. We got the pool up and running and swimmed in like 3 times. One Sunday afternoon, with no one in the pool (thank goodness), we were moving items out of a building next door to us (my husband's mother's) and the items were on our property to be loaded into our truck. Well, we heard a loud thunder-boom noise and one side of the pool ripped open and water started flooding the yard and going off the hillside. It swept our daughter's metal swingset, knocking it over, and swept our stuff we were moving over the hillside, ruining a good majority of the things being moved. We submitted the claim to our insurance - supplying them with pictures, estimates, etc. Well, now we are being told nothing will be covered (to include the items damaged from the water) due to it being considered swimming pool collapse. Had it been a result of the house, a storm/weather, etc., then it would have been covered. They will not even consider that it could have been structurally something defective (such as a defective liner, etc.) or any other instances. It is being said that it is open and shut collapse and nothing is going to be paid. This was an estimate that was over $9000.00, with the cost of the pool, swing set (which was broken), and items that were damaged due to the water. Is there anything else that can be done or explored to get this covered or partially covered? Any little hole we can explore to get some of this paid to us? Thanks in advance.

 

[moburkes]

Sure. You dig out your insurance policy and prove to the insurance company where the policy that you agreed to shows coverage for collapse of the pool.

 

[jlittlejohn]

When we signed the policy, we were hurrying to get our home and we didn't get the policy until after we had bought our home. I didn't remember seeing anything about collapse of a swimming pool and now the agent says it is in there and they will send a copy. My problem is that even if the swimming pool is not covered due to "collapse," then what about the water damaged items that were on our property that were completely damaged or broken. I know they were damaged as a result of the so called collapse of the pool, but even so, they were not in the pool when it collapsed, they were on our property being moved. So there is still nothing going to be given for the loss of those items? Plus we did have some bad weather the days before the pool collapsed and the pool is an older pool. How do they know it is just a simple collapse with no direct result of anything else? We have even found some covered up decay on the structure now that we have had to move the pool off the property and I did take pictures of the decayed areas that had been covered up by the previous owner. Would this be a cause for the pool to suddenly go down and would that make a difference for coverage?

 

[moburkes]

There is no coverage for wear and tear. No insurance coverage will cover an item simply because it is old and/ or decayed. You failed to maintain it. If it was in such bad shape, then it should have been torn down. You're lucky that someone wasn't injured by its collapse.
Did you even get a rider for the swimming pool?
Whose fault is it that you were in a hurry to purchase the policy?

 

[jlittlejohn]

First off, it was not in such bad shape that it could not be open. The decay was not visible until the pool collapsed because it had been sealed with some type of sealant and covered with some kind of tape type device. So it was normal to assume there was no decay when you can't see it at all. I have a young child and I would not open a pool if I had known it was not structurally sound or decayed. I'm just stating we found it after the fact and wondered it if had collapsed due to the age or structure of the pool plus combined with weather and such leading to the collapse.

As for a rider for the pool, this was our first home purchase and we have never even owned a pool before. The insurance company knew we had a pool and didn't mention a rider to us or whatever extra coverage we might need. I guess live and learn.

As for whose fault it was that we were in a hurry to purchase the policy, I guess it was due to the fact that this is our first home purchase and we were told we could pick out the insurance, review the purchase, etc. and then told no, you can't, the first year costs have to be added in to finalize the home purchase and we had to finalize the purchase so no one else bought the house and the fact that someone else was moving into our previous rental. So that was the reason for the hurry. So I don't see it as a fault, merely the time was passing us by and we had to act quickly to get the home.

Thanks for your replies, but I don't need your tone or your attitude. I was merely asking simple questions to see if anyone else has went through this or could post an answer to type of a situation. You could have just said no, not covered, etc. You don't need to make it personal and by your previous posts to others, I see that you do. No one is perfect and we all make mistakes and if they don't pay, so be it, but I wanted to be sure before I just dropped it. I don't need the attitude and blame game to go along with it, so I'll go elsewhere with my questions.

 

[moburkes]

No attitude. Just simple questions. You won't have to read between the lines when I have attitude. I'll tell you.

But, seriously, you may be able to question the agent about not adding the pool rider. However, that really is a separate issue.

The pool collapsed, apparently, because it was old. That isn't covered.

You can check your policy for coverage of indirect losses. However, I cannot imagine that they will cover the water damage. However, the answer is in your policy. But, by the time you pull it out and read it, you will have the answer from the insurance company in your hands, with the exact section of the policy showing why they are not covering the loss.

It really is your responsibility to know what you are covered for. I was a new home buyer before. I had to sign just as many papers as you did. I read that stack of mortgage papers from beginning to end. I've read my home (renters, when I was a renter) and auto policies from beginning to end.

You don't have to like my attitude, though. Its not a rquirement.

You're saying that you want to hold the insurance company "liable" for the damages, but you are that you aren't responsible for the pool. In your very first sentence, you state that the pool wasn't structurally terrific, and it didn't appear to be an after-thought.