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In August 2000, the deck collapsed during a graduation party
for petitioners’ son. In addition to the damage to the deck,
some siding on the back of petitioners’ house was damaged.
Petitioners submitted a claim of $18,035 with Farmers
Insurance for the damage caused by the collapsed deck. The
insurance claim included the replacement cost of $6,500 for a
smaller deck and the replacement cost of $3,500 for siding on
petitioners’ house. After inspection, Farmers Insurance
determined that the damage to the deck and the siding on
petitioners’ house was due to “wear and tear and deterioration,
wet rot and dry rot.” Petitioners’ insurance claim was denied
because their insurance policy specifically denied coverage for
losses due to “wear and tear, marring, deterioration”, as well as
“rust, mold, wet or dry rot”.
After the denial of petitioners’ claim, petitioners filed a
claim with the State of Illinois Department of Insurance
(Department of Insurance). In a letter from the Department of
Insurance, petitioners were likewise notified:
All insurance policies contain language that excludes
any kind of rot or deterioration. For your policy to
provide coverage for the collapse of your deck, you
will need to provide some type of proof or evidence
that it was not rot whether it be wet or dry rot that
caused the collapse. Also be advised that if it was
improper construction, that also is not covered by an
insurance policy.
During 2000, petitioners rebuilt a smaller deck and made
major repairs to their house, including repairs to the siding on
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Last modified: May 25, 2011