Legal review: Beware of ice damage insurance exclusions

Legal Review: Beware Of Ice Damage Insurance Exclusions

The dog days of summer are here. The mercury rises brutally, and temperature records are shockingly broken around the world. But here in Truckee-Tahoe, snow is still on the mind (and on the ground).

Last winter was devastating. Federal and state agencies have extended disaster relief to most of the state’s counties. FEMA and the Small Business Administration have provided, and continue to provide, assistance to businesses and homeowners affected by this summer’s crushing of Sierra Cement. And local municipalities have eased permit requirements for those trying to rebuild from the real avalanche.

This is good. Help is needed. Help that many homeowners think is provided by homeowners insurance. The deck was destroyed by ice. Submit a claim. Get coverage for the damage. Not very fast.



Claim denial letters are rolling in this summer. Homeowners are finding that physical damage to their homes caused by snow — especially damage to decks and other apartments — is excluded from insurance coverage. This is disappointing, but not entirely surprising.

Here’s the thing about insurance coverage, many things are excluded. Damage caused by volcanoes or nuclear war – forget about it. Read the exact language of your homeowner’s policy and prepare for exclusions. And be prepared to count snow damage in between.



A common insurance policy found in many home owners does not include coverage for loss caused by “snow, melt, pressure or water weight, snow or ice, wind driven or not,” poles, porches, footings, foundations, walls, floors, roofs, ceilings, etc. This exclusion is the basis on which many local ice claims are rejected.

A rejection letter can be devastating, but it is not necessarily the end of the story. If the policy was purchased by a broker, call the broker. Good brokers will work to find other policy provisions that can trigger coverage and help the insurer cover the claim. A licensed public insurance adjuster can help with the claims process. Filing a complaint with the insurance department may pay off, but don’t hold your breath. And of course there are always lawyers.

But at the end of the day, the insurer is only required to provide coverage for the damage that is covered by the policy. There is not much that can be done especially if the loss suffered by the insured is excluded from the policy cover. The key is to identify uninsured exposures before a loss occurs and purchase additional coverage or at least be aware of the risks. So, dust off those insurance policies and sit down for an inspiring read…or call your broker and save yourself the headache.

Between hail damage and fire, adequately (and cost-effectively) insuring a home in Truckee-Tahoe can be a difficult proposition. The ups and downs of life in the High Sierra are not lost on policymakers. “Living the dream” you say? Well, be prepared to pay.

Ravn R. Whittington It is a partner. Porter Simon Licensed in California and Nevada. Ravn is a member of the organization. Test practice group It focuses on all civil litigation matters. He has a diverse background in trial practice. Personal injury From complex business disputes to construction law, and everything in between. He can be reached. [email protected] Or http://www.portersimon.com. ©2023