Plaintiffs purchased casualty insurance policy from Defendant insurer, to insure their warehouse building and its contents from accidental loss. Water pipes burst and flooded the building when weather was below freezing. Insurer refused to cover the damages. Court properly entered judgment for insurer, finding that policy exclusion applied and that there was no coverage for the building's water damage under the policy. Under plain language of policy exclusion, insurer agreed to cover a loss due to frozen water pipes but only if the insureds maintained proper heating in the building. Court properly found that Plaintiffs failed to make reasonable efforts to maintain heat in the building, and made no effort to remedy the known problem with the building's heating system. (CATES and MOORE, concurring.)
Illinois Appellate Court
Civil Court
Insurance