Oops! What is "That Particular Part"?

A plumber was hired to perform work on a pipe on an insured home. In the course of that work, the plumber accidentally smashed his wrench into the pipe, damaging it. The water damaged nearby drywall and carpet. Notable Timestamps [ 00:44 ] - The j(5) exclusion specifically applies to property damage on that particular part of real property where operations are directly being performed. [ 01:14 ] - In contrast to the j(5) exclusion, the j(6) exclusion applies to any property that requires restoration, repair, or replacement because the work was performed incorrectly. [ 02:44 ] - If a plumber accidentally breaks a pipe while working on it, fixing the pipe is probably excluded, but resulting damage to nearby drywall and carpet may be covered. [ 04:32 ] - General liability insurance typically isn't meant to cover general carelessness. [ 08:29 ] - Courts interpreting exclusions broadly might deny coverage, reasoning that the particular part being worked on encompasses the entire project or property. [ 10:50 ] - When courts interpret exclusions narrowly, they restrict the exclusion to just the defective part being worked on, which can result in broader insurance coverage. [ 13:49 ] - For a botched oil change causing engine failure, a narrow interpretation excludes only the oil and filter, while a broad view excludes the whole engine. [ 15:07 ] - Defective workmanship that results in damage to other property, or to work that is not the insured's own product, can be considered a covered occurrence. Your PLRB Resources Adjuster Resource Sheet: Faulty Work https://members.plrb.org/documents/adjuster-resource-sheet-faulty-work Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company. Subscribe to this Podcast Your Podcast App - Please subscribe and rate us on your favorite podcast app YouTube - Please like and subscribe at @plrb LinkedIN - Please follow at "Property and Liability Resource Bureau" Send us your Scenario! Please reach out to us at 630-509-8704 with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to [email protected].  Legal Information The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate. Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).