Is Termite Damage Covered Under Your Homeowners or Property Insurance

Is termite damage covered under your insurance policy?  It depends on who you ask.  Many insurance companies and insurance agents routinely tell the insured that termite damage is not covered by their homeowners insurance policy, or their business property insurance policy.  In fact, a simple internet search reveals many sites that say it is not covered.  You should not base you decision on what your insurance company or agent tells you; and you certainly shouldn't base your decision on your own internet research. 

However, contrary to popular opinion, termite damage is covered under the terms of some homeowners policies and business property policies.  It takes an experienced lawyer who handles these types of claims to carefully read your insurance policy and determine if damage is covered. 

Let me be clear, you should not make the decision on whether your termite damage is covered or excluded even if there is an explicit exclusion in your insurance policy which seems to unequivocally exclude damage by termites.  For example, an insurance policy may specifically exclude termite damage, but that same policy provides coverage for "collapse."  In that case, termite damage that results in collapse may be covered.  (Also, you should not try to determine what is or is not "collapse."  What is or is not "collapse" is about as complicated as whether termite damage is or is not covered.)

Bottom line, if you have termite damage to your home, you should have a lawyer who is experienced in insurance claims and termite claims evaluate your case.  Not all lawyers are familiar with the interplay between termite claims and insurance policies.  You wouldn't ask a foot doctor to evaluate your brain injury; so don't ask a lawyer unfamiliar with insurance and termite claims to evaluate your case. 

Suit Filed on Fire Loss at Barbecue Restaurant

We recently filed suit on behalf of our client who owns a barbecue restaurant.  After a fire in the kitchen, our client submitted the claim for fire damage to her business insurer.  The insurance company denied the claim, asserting that she had the wrong kind of fire extinguishing system in place at the restaurant.  The insurance company states that under the policy she was required to have one particular type of extinguishing system.  However, the plain reading of the policy endorsement at issue allows for multiple types of fire extinguishing systems, and she had one of those systems in place at the time.  The first thing I will be asking for in discovery is the underwriting file to see if the insurer ever inspected the property while underwriting the policy.  If so, this will certainly buttress our argument that the extinguishment system in place was contemplated under the policy.