Pool floated out of ground - News Story

duraleigh

Admin
Mod Squad
TFP Expert
Platinum Supporter
LifeTime Supporter
In The Industry
Apr 1, 2007
34,517
Sebring, Florida
What a classic example. Jessica could've saved herself from that self-inflicted wound had she logged on to TFP!!

Sounds like she is trying now to fault the insurance company for her lack of understanding. Enough negative publicity often makes that work.
 

Isaac-1

TFP Expert
LifeTime Supporter
May 10, 2010
6,711
SW Louisiana
Wow some people, they cause the damage through negligence and then expect insurance to pay to fix it.

Ike
 

cbink

Well-known member
Feb 4, 2013
685
Houston, Tx
Isaac-1 said:
Wow some people, they cause the damage through negligence and then expect insurance to pay to fix it.

Ike
This is an interesting point. I think the question then becomes should the person have been aware that this may cause damage which is I believe subjective - for example if she'd come on here she'd probably have been aware of it, but as a 'normal' member of the public is that reasonable?

I'm not trying to have an argument (and I don't think you're wrong) I just think it's a really interesting issue depending on how you skew the argument.

As an example, my car was hit last weekend whilst I was filling up with gas (car was off, in park and I was outside filling it up). Someone parked outside the garage shop backed straight into me. They were completely unaware that they were in reverse and their car was moving. I would say it could be considered negligent that they were unaware of their actions and weren't paying due care, but their insurance company still paid out (thankfully no argument from them - I'd have won but it was nice to not have to fight it). So is that an accident or negligence?

I think you could try and argue that with the insurance company. A mistake is covered, negligence is not but the line between the two is often not clear (at least to me).
 

jblizzle

Mod Squad
TFP Expert
LifeTime Supporter
May 19, 2010
43,238
Tucson, AZ
But if the insurance policy specifically states it excludes ground water issues, as it seems to, then it does not matter if it was a mistake or negligence. Sounds to me like they did not know what their policy covered, as is unfortunately often the case.
 

JohnT

Admin
Mod Squad
TFP Expert
Apr 4, 2007
9,918
SW Indiana
Pool Size
21000
Surface
Vinyl
Chlorine
Liquid Chlorine
Policy specifically states it doesn't cover ground water damage to pools, and she says she "assumes" she has coverage. Don't assume anything on an insurance policy unless it says it in writing.
 

cbink

Well-known member
Feb 4, 2013
685
Houston, Tx
jblizzle said:
But if the insurance policy specifically states it excludes ground water issues, as it seems to, then it does not matter if it was a mistake or negligence. Sounds to me like they did not know what their policy covered, as is unfortunately often the case.
JohnT said:
Policy specifically states it doesn't cover ground water damage to pools, and she says she "assumes" she has coverage. Don't assume anything on an insurance policy unless it says it in writing.
I'd agree with that. The exclusions are often vague though, such as act of God which I don't think groundwater would fall under.
 

Isaac-1

TFP Expert
LifeTime Supporter
May 10, 2010
6,711
SW Louisiana
The car example does not work here since it was paying for the damage to your car, not the insured persons car. A better example here might be if the car insurance company would pay for a replacement vehicle if the owner did something like set their car on fire while trying to install a car stereo themselves and not having a clue how to do so. Since part of what your paying for with car insurance in most states is coverage for "at fault" situations.
 
Thread Status
Hello , There was no answer in this thread for more than 60 days.
It can take a long time to get an up-to-date response or contact with relevant users.