03/25/2022
I don't know about you, but I'm looking forward to warmer weather and enjoying my swimming pool (or my friend's one!!).
Now, I heard today about "attractive nuisance" law and how a swimming pool was actually a liability exposure. So I called my friend Frederic at Goosehead Insurance to discuss how my pool was covered by my homeowner insurance.
Appears it's not as simple as I thought it'd be...
If you have a pool, I suggest you check this article from Frederic to learn more about it and then call him if you feel a bit unprotected there...
https://www.facebook.com/GooseheadInsuranceFredericRault/posts/509631337546826
Warm weather is in sight so it's time to talk about your swimming pool!
A swimming pool is super fun and an excellent way to keep your entire family entertained, but does having a pool impact your homeowners insurance? This is a complicated question, but the short answer is yes, a pool can be covered by your insurance, but it will likely raise your liability rates.
When it comes to insurance, your pool is typically, though not always, covered one of two ways — in-ground pools and permanently installed above-ground pools are considered other structures and covered the same way as any other structure on your property. For example, if a tree falls and destroys your above-ground pool that would be a covered loss.
Temporary above-ground pools that can be dismantled and taken with you if you move to a new home would be considered personal property and covered under that portion of your insurance policy. Either way, you won’t need extra insurance for a pool.
Some policies may even cover your pool under the dwelling portion of your policy if it is inside your home or attached to your home by another structure, such as a walkway. It can be helpful to check with an insurance expert to know exactly how your pool will be covered under your policy and potentially increase your coverage levels if necessary.
However, a pool can (and often does) increase your liability insurance rates.
Pool owners often need to increase their liability coverage. Our experts at Goosehead Insurance recommend a minimum of $500,000 in liability coverage. They might even recommend purchasing an umbrella liability policy to make sure you are covered in case the worst happens.
There are many things to consider when setting up a pool. For example, adding a diving board or other features to your pool could potentially increase your premiums, or even make you ineligible for coverage with some insurance companies. It is important to check with your insurance expert when you are considering installing a pool or purchasing a new homeowners insurance policy.
Many states and local jurisdictions have what are called “attractive nuisance” laws. Basically, anything that a child might look at and want to play with, climb on, swim in, or otherwise interact with in any way is considered an attractive nuisance and it is your job to keep children away from it. Some common attractive nuisances would be:
- Swimming pools
- Trampolines
- Chain saws
- Lawn mowers
- Wells
- Animals
- Landscaping
- Scaffolding
- Ladders
People in areas with attractive nuisance laws are required to cover hot tubs, keep pools covered or fenced in, put away power tools in a place where they aren’t immediately visible, etc. You will need to review local laws to determine what, if anything, you are legally required to do to keep curious kids out of your pool.
It is important to remember that, when it comes to attractive nuisance laws, you are responsible for injuries or deaths that happen on your property even if the children in question were trespassing. These laws aren’t just in place to help reduce the likelihood that a child will be tempted to swim in your pool while you're gone, they are also to protect you legally. Showing that you took the responsibility to fence in your pool, cover your hot tub, and hide your power tools can help protect you from liability.
Pool collapse, which is what happens when the walls of your pool buckle or cave in, can happen to both above-ground and in-ground pools. Above ground pools are more likely to collapse because they don’t have the support of the ground to keep the walls in place, but in-ground pools will occasionally find that the pressure of the dirt around the pool can push the walls until they collapse, especially if the pool has been drained for the season.
If the collapse was caused by a covered peril (lightning strike, fire, etc.) your insurance will likely pay for the damage. However, some common causes of pool collapse, such as the weight of ice and snow in the winter and earthquakes, are not covered. If you have questions about what is and is not a covered peril when it comes to your insurance policy, feel free to call me.
Freeze damage and pool damage from ice and snow are common causes of pool collapse. They are also typically excluded from your policy, so it is important to keep an eye on your pool in the winter to make sure it hasn’t frozen and that you clear away any ice and snow that might be putting weight on your pool.
Pool cracks that are caused by covered perils (hazards that your insurance company covers against) are generally covered by your homeowners insurance policy, but cracks caused by non-covered perils (hazards that are excluded from your policy) would not be covered by your insurance. It is important to keep up with basic pool maintenance to help prevent cracks and other damage. You should also be aware of what is and is not considered a covered peril on your insurance policy.
Swimming pool insurance claims are usually filed through the other structures coverage portion of your homeowners insurance. Other structures coverage includes structures on your property that aren’t part of your home, including:
- Swimming pools
- Hot tubs
- Sheds
- Detached garages
- Detached workshops
- Fences
The other structures coverage of your insurance policy is typically set at 10% of your dwelling coverage. For example, if you have $300,000 in dwelling coverage, your other structures coverage would have a maximum limit of $30,000.
It is possible to increase your other structures coverage if you think you will need more than what your homeowners insurance plan provides. I can help answer any questions you may have about expanding your coverage limits or purchasing riders or other add-on coverages to your policy if necessary.
That's it for today!
Goosehead Insurance - Frederic Rault
