Pool insurance and homeowners policies in Ohio

Usually, yes, in two separate ways. The first is property coverage. A permanent inground pool is typically treated as a structure on your property, often under the part of the policy that covers structures other than the house, such as a detached garage or a fence. That coverage has its own limit, which may be lower than people expect. The second is liability coverage, which pays if someone is hurt and you are held legally responsible.

Every policy is different, so the only reliable answer comes from your own policy and your agent. The Ohio Department of Insurance's homeowners guide describes how the common policy forms work and lists typical exclusions, including earthquake, flood, some kinds of water damage, poor maintenance and collapse. Read the exclusions with a pool in mind.

Yes, and before the build starts. Insurers ask about pools because they change the risk, and some will adjust your premium, require a fence or ask about diving boards and slides. An Ohio agency in Toledo puts it plainly: failing to report a pool can affect how a future claim is handled.

Calling early also gives you time to shop. Some carriers are relaxed about pools, and others set conditions. Finding that out after the pool is filled leaves you with fewer choices. Ask your agent specifically:

• Will this pool change my premium, and by roughly how much?
• Do you require a fence, a locking gate, a safety cover or an alarm?
• Are diving boards or slides excluded or surcharged?
• What limit applies to damage to the pool itself?
• What liability limit do you recommend, and can I add an umbrella?

During construction, the builder's insurance should be the first stop if a crew member causes damage or someone is hurt on the job. For home construction work of $25,000 or more, Ohio's Home Construction Service Suppliers Act requires the contract to include a copy of the contractor's general liability insurance certificate for at least $250,000. Ask for it, check the company name matches the contract and keep a copy. It is also worth telling your own insurer when work starts, since an open excavation in the yard is a hazard in itself.

More than the minimum. The Ohio Department of Insurance's guide gives a sample of common liability coverage at $100,000 for personal liability and $1,000 for medical payments to others. It also explains the gap that matters: if a court judgment is more than your policy limit, you have to pay the difference.

The Insurance Information Institute has long suggested that pool owners raise liability to at least $300,000 or $500,000, and consider a personal umbrella policy on top. It has described an umbrella as roughly $1 million of extra liability protection for a few hundred dollars a year. Prices change, so get a current quote.

The ODI guide adds a practical point about umbrellas: many companies only sell one if they also insure your car and your home. Bundling may be the way to get it.

Normally, a property owner owes very little to a trespasser. Children are the exception. In Bennett v. Stanley (2001), the Ohio Supreme Court adopted the attractive nuisance doctrine from the Restatement of Torts. The case involved a neglected, unfenced backyard pool next door to a family with young children. Under the doctrine, an owner can be liable for harm to trespassing children caused by a dangerous artificial condition on the land if the owner knows children are likely to come onto the property, the condition is an unreasonable risk they will not recognize, and the owner fails to take reasonable care to eliminate the danger or protect them.

You do not need to be a lawyer to see what that means for a pool. A fence that meets your town's code, gates that close and latch on their own, and a pool that is covered or secured when no one is using it are code items, and they are also the reasonable care the law expects.

Many do. Farmers Insurance, for example, notes that many insurers require a fence around a pool to be eligible for coverage. Your town almost certainly requires one too. The model code most towns build on, Section 305 of the International Swimming Pool and Spa Code, calls for a barrier at least 48 inches high with self-closing, self-latching gates. Local rules vary. Canton's code, for instance, requires at least a 4 foot fence around a family pool with vertical members no more than 2 inches apart.

Build to whichever is stricter, the town or the insurer. We draw the barrier into the permit plans on every pool, so it is designed in from the start rather than added later.

Coverage depends on the policy form and the cause. A tree falling on the pool fence in a windstorm is the kind of sudden event homeowners policies are built for. Wear and tear, poor maintenance and gradual deterioration generally are not covered, and the ODI guide lists poor maintenance among typical exclusions.

Freeze damage is the one Ohio owners should think about. Many policies limit coverage for freezing of plumbing and equipment unless you took reasonable steps, such as winterizing properly or keeping power and heat on. A cracked return line from a skipped closing may be treated as a maintenance problem rather than a covered loss. That is one more reason a proper fall closing is worth doing right.

Flood and earth movement are usually excluded unless you buy separate coverage. Heavy rain that raises groundwater around a pool is not the same as a flood in insurance terms, and damage from soil movement may not be covered at all. Ask your agent how your policy treats both.

Probably. The ODI guide explains that most policies require you to insure the house for at least 80 percent of its replacement cost, and if you fall below that, the company pays only part of a repair bill. A pool, a big patio and an outdoor kitchen all add to what it would cost to rebuild your property. Tell your agent what was added and what it cost, and ask whether your dwelling and other-structures limits still fit. Keep the builder's contract and final invoice with your insurance papers so you have a record of the value.

This is a local wrinkle. Ohio runs a mine subsidence insurance fund for homes above old coal mines. The ODI guide says there are more than 4,000 abandoned coal mines in the state. In some counties the coverage is automatic on residential policies. The list includes Stark, Mahoning, Trumbull, Columbiana, Carroll and Tuscarawas, all in or near our service area. In others it is optional, including Portage, Summit, Medina, Wayne, Geauga and Lake.

The catch for pool owners is scope. The guide states that contents, barns and other outbuildings are not covered by the mine subsidence fund, which pays up to the home's insured value or $300,000, whichever is less. Ask your agent whether a pool or deck would fall outside it. If you live in an area with a mining history, it is also a good question for your builder during the site visit.

Sometimes. Some insurers give credit for safety covers, alarms or a fully fenced yard. Others simply require them. Either way, the features that reduce your risk are worth having for their own sake:

• A code-compliant barrier with self-closing, self-latching gates.
• A safety cover or an automatic cover that is closed when the pool is not in use.
• Door or gate alarms where the house wall forms part of the barrier.
• Certified anti-entrapment drain covers.
• Rescue equipment by the pool and a rule that no one swims alone.

We install safety covers and automatic covers as upgrades, and we can talk through which features your insurer may ask about.

The ODI guide gives simple steps: write down who, when, what and how it happened right away, ask any witnesses to do the same, and call your agent or company to file a report without waiting for the injured person to make a claim. If you are sued, notify the company immediately. It will appoint a lawyer and pay up to your policy limit. The guide also suggests you may want your own attorney, especially if the claim might exceed your coverage.

Before you sign the pool contract. Knowing whether your carrier needs a specific fence, a certain cover or no diving board can change the design, and it is easier to draw those in on the 3D plan than to change them once the concrete is poured. Then check your limits again once the pool is finished and the patio, outdoor kitchen or fire pit are in, since each adds a little to what you might be liable for.