Legal Question in Insurance Law in New Jersey

pipe burst - insurance denial

We apparently ran out of oil on our home (it's for sale or rent and we live elsewhere). Despite many (weekly from Oct - early Feb) trips to the home to check on it (incl. checking the oil tank gauge and the normal operation of the heating system) and planning for future care with the new prospective tenants to re-fill when they moved in, our insurance company claims we didn't use 'reasonable care' to maintain the heat in our home. I feel it's 'sudden and accidental' that we may have run out of oil. Pipes burst, extensive internal damage to the home.

3-4 weeks earlier, the tank absolutely read more than 1/3 full.

Insurance company contends that running out of oil is not 'reasonable care' and wants to deny the claim on this basis. Policy states that ''reasonable care must be used to maintain heat''. It does not state ''heat must be maintained''.

I feel this was an accident and should be covered.

Is there a standard for 'reasonable care'?

Is there applicable case law?


Asked on 2/28/07, 12:23 pm

1 Answer from Attorneys
Scott Diamond DIAMONDLAWYER

Re: pipe burst - insurance denial

You will need to do your own research. Fromwhat you caim, it will be a credibility issue and an engineering issue. You are going to have to sue the Company for the proceeds. How much is the damage?

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Answered on 2/28/07, 12:42 pm


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