Swimming Pool Damage Not Covered

Homeowners	Endorsement
Water Damage	Exclusion

Michael Murray (Murray) had an in-ground swimming pool, which was empty during a period of heavy rains in May 1995. It was badly damaged by hydrostatic pressure (buoyant force) caused by the rain. Murray filed a claim for the damages with All American, from whom he had secured his Homeowners policy.

All American denied coverage for the loss since one of the policy's exclusions specified water damage. An endorsement provided additional coverage for certain risks but excluded damage caused by "freezing, thawing, pressure or weight of water." Another provision excluded damage from such risks to " . . . patio or swimming pool."

The lower court found no ambiguity in the policy or endorsement. It ruled that the policy did not cover the loss. Judgment was entered in favor of the insurance company, and Murray appealed.

The court, on appeal, ruled that the endorsement did not affect the exclusion of water damage in the policy but merely added to that section of the policy relating to personal property. It decided that the exclusion was clear and the policy did not cover damage to the in-ground swimming pool caused by subsurface water.

The appeals court affirmed the trial court’s judgment in favor of the insurance company.

Murray, Appellant v. All American Insurance Company--No. CA96-11-249--Court of Appeals of Ohio, Twelfth District, Butler County--June 16, 1997--698 North Eastern Reporter 2d 1027.