My outdoor oil tank recently sprang a leak. Fortunately, the tank was on a concrete pad, and we discovered the leak before much oil had escaped; so the only damage it caused was to my driveway. But the insurance company says my homeowner's policy won't pay to replace the tank, or to clean up the mess. Why not? Isn't that why I buy insurance? -- Harry

Dear Harry:

That's a slippery situation, all right, but unfortunately, you're probably on the hook for this mess.

No homeowner's policy will cover damage that results from rust, corrosion, wear and tear, gradual deterioration, or defect. Insuring your oil tank against damage from these causes would be like insuring your car against rust damage -- in other words, impossible! Therefore, most policies will not pay for replacement or cleanup of your damaged driveway.

If the spill had occurred when the tank was being filled, it would be a different story -- in that case, the oil delivery company should take the rap. If, on the other hand, the spill caused by the delivery company damaged someone else's property, then your insurance policy would likely kick in -- but only if you carry "all risks" coverage.

While newer tanks on the market have plastic liners that may reduce the chance of rusting, the best protection against oil spills is prevention. Replace older tanks, keep an eye out for any signs of rust, and ask your oil company to check the tank from time to time. It only takes one small leak to cause one big headache for homeowners.

Note: Remember, policies vary, so when in doubt, consult your insurance representative.