Almost all homeowners policies will require the insured to use “reasonable care” to protect their property from damages. Here is a 2025 opinion from the Southern District of Texas, Houston Division, that deals with that issue. The opinion is styled, Dorcas Giwa v. State Farm Lloyds.
This is a summary judgement case.
The facts of the case are that Giwa flew to Africa. While in Africa, the Covid-19 shutdown in the U.S. began and, apparently due to the travel restrictions, she was unable to return home for over a year. As a result, as Winter Storm Uri approached in February 2021, Giwa asked her three adult children, including her son, Kay Giwa, to take care of her home in her absence. The night before the storm hit, Kay son wrapped the pipes, opened all the cabinet doors, drained the faucets, and turned off the main water line connected to the house. However, Kay turned the main heating system off because “it was warm in the house,” and he was trying to “follow the local city guidelines.”
After the first day of the storm, the children observed no damage but noted that the power had gone out. On the forth day of the storm, the children notice the power was back on, but there was water coming from the ceiling. The home sustained significant damage and a claim was made to State Farm.
State Farm denied the claim due to the heater thermostat being in the “OFF” position and the policy required that steps be taken to insure against loss. State Farm argued that it was not reasonable to have the heater turned off.
The Court then went into an analysis of whether or not the actions taken by the Giwa’s was sufficient under the circumstances. The Court determined that this was a fact issue to be determined by a fact finder and that it was not appropriate for a summary judgment. The motion was denied.