Spoilage of Food Still a Consequential Loss

Q

Our insured's building and contents are insured under commercial property forms CP 00 10 04 02 (Building and Personal Property Coverage Form) and CP 10 30 04 02 (Special Causes of Loss Form). Recently, lightning struck a utility pole located off premises, damaging a compressor attached to a walk-in refrigerator in his building. Food stored in the refrigerator spoiled. The insurer is paying for the damage to the compressor but is denying coverage for the spoilage loss, claiming that it is a consequential loss. We think that the spoilage is covered because lightning, a covered cause of loss, was the proximate cause of the entire loss. What do you think?

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