A roofing contractor opened a roof to make a repair. Ensuing rain allowed water to enter through the opening. Is coverage afforded under a CP 10 30 form? The form contains a limitation requiring evidence of exterior physical damage caused by a covered cause of loss.

Does it also hold true for a contractor who was sandblasting the exterior in preparation for paint and blew sand or silica particulates into the interior, without any openings created by a covered cause of loss?

Florida Subscriber

The removal of a roof for repair or the sandblasting of an exterior in preparation for painting are not fortuitous events—remove a roof from a building and loss due to rain in Florida is inevitable, and thus uninsurable. The limitation requires damage, and removal of a roof is not damage.

A court addressing similar facts under a homeowners policy said that coverage did not apply for interior damage caused by windstorm and hail when the house was being reroofed in New Hampshire Ins. Co. v. Carter, 359 So.2d 52 (Fla. 1978).

However, the insured may have an action against the contractor if the roof was not adequately protected during the repair. Also, see Water Damage—Shingles Removed by Workmen which addresses a similar situation. In that question, the subscriber said that Webster's definition of "damage"—"to injure physically"—should apply to a removed roof because the roof must be physically injured to be removed. One could certainly try to make that argument, but absent a fortuitous event, coverage should not apply.

 

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis