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Well it was a plumber and the pipes they fixed burst and the whole apartment complex got water damage. Nothing got covered.
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Like Fex said, sounds like the standard gl exclusion of 'your work' was used. Not a BTIS problem.
Shouldn't be an E&O issue unless you told him or them it was covered. All carriers would deny this claim under the gl. The endorsement offered from BTIS for "faulty workmanship" would, most likely, have covered this loss...
The endorsement offered from BTIS for "faulty workmanship" would, most likely, have covered this loss...
That's not a standard ISO exclusion. The "your work" exclusion would only exclude the insured's own work - the cost to re-do the pipes in this case, not the cost to repair the water damage to the apartment.
Best scenario - the apartment itself has adequate insurance and low deductible, and its insurer not to pursue the plumber individually further once they learned the btis excludes coverage.
For the last two months I have started to rewrite all my BTIS renewals to others carriers that offer better forms. I once pushed them as an easy, inexpensive placement for small artisan contractors. But then I attended a GL contractor class from IRMI. Eye opening for sure. Many of their forms are trouble. They use the 2006 ISO gl policy which is only 16 pages, right? Then they add their forms - dozens of them. Many ways for them to deny coverage. For reference, I have attached one.
What was their specific denial of coverage based on? Pick a form, any form...
Would other carriers have paid this loss?
It's not just BTIS.
Most CGL forms have exclusionary language for "that particular part..." and "your work..."
This is perhaps the most widely used/abused get out of jail free card for insurers.
I just had one of these denied recently. The contractor did a kitchen renovation. He broke a pipe that was buried in the concrete foundation and water would bubble up and ended up warping the wood floor. I thought no problem, he caused PD. Nope, since the floor was the main expense and he installed the floor it was excluded as "your work." One angry client. **** like that makes me hate selling insurance.