Legal Topics

Insurance — Homeowners — Coverage — Water damage — Exclusions 

Jan 24th, 2023 in by admin

Insurance — Homeowners — Coverage — Water damage — Exclusions — Insured’s deposition testimony that water loss to interior of home was caused by rain established that loss fell within policy exclusion for damage caused by rain, and insured failed to produce any admissible evidence proving that loss fell within exception to exclusion applicable when a covered peril first damages property and creates opening in roof that allows rain to enter home — Report asserting that rain entered home when wind uplifted shingles is inadmissible where qualifications of person that prepared report were not established, report was not accompanied by affidavit, and opinion in report was based on inspection of roof three years after loss and two years after roof was damaged by hurricane — Summary judgment granted in favor of insurer