In Dougherty v. Allstate Prop. & Cas. Ins. Co., 681 F. App'x 112 (3d Cir. 2017) (case involved Pennsylvania substantive law), a maintenance exclusion in a property insurance policy barred coverage for an insured's claim for water damage to his home. A pipe in the insured's home froze and burst, causing both the damage and the claim to coverage; the carrier contended that the insured's failure to maintain his furnace caused the frozen pipe to burst.
Here is the language of the maintenance exclusion as quoted by the court:
Allstate denied Dougherty’s claim, invoking the policy’s “maintenance exclusion.” This exclusion provided in pertinent part that Allstate would not “cover loss to the property ... consisting of or caused by ... [p]lanning, [c]onstruction or [m]aintenance, meaning faulty, inadequate or defective ... maintenance.”
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