While the weather has temporarily warmed in parts of the
Northeast, January brought bitter cold temperatures throughout the
East Coast and elsewhere. A deluge of claims have followed
associated with frozen pipes.
Many claim disputes pertain to whether an insured utilized
"best efforts," "due diligence," or
"reasonable care" to maintain heat in an insured
property. Further, many claim disputes pertain to whether a
property was vacant, unoccupied, or under construction at the time
of a loss. It is imperative that insurers request and obtain the
necessary documents and information from an insured to evaluate
these coverage issues. Utility and maintenance records should be
requested and analyzed, as well as documentation concerning the
occupancy and use of the property. Third parties reported to be
tenants/occupants can be questioned and in many cases on-site
inspections of the property reveal alternative and/or contributing
causes to pipe bursts often blamed on freeze
