Water Damage and Boarded-Up Windows

Q

Our insured's building is covered by an ISO commercial property policy, CP 00 10 04 02, with the special causes of loss form, CP 10 30 04 02, attached. The insured uses the first floor and leaves the second floor unoccupied. The second story windows were boarded up years ago with plywood to prevent water entering through any broken panes.

This past summer, extremely heavy storms accompanied by high winds and wind-driven rain caused the plywood boarding to become loose, which resulted in water penetrating the window openings and damaging the insured's business personal property.

The insurer denied coverage for the loss, citing the following limitation on water damage: the building must first suffer damage to its roof or walls by a covered cause of loss through which the rain would enter. In supporting his denial, the adjuster compares the boarding being blown in to that of a window (we assume he means windowpane) being blown open, and states that coverage would not apply in this similar situation unless the window (pane) was blown out or damaged.

According to a standard desk-top dictionary, a “window” is the opening in a wall, covered by a material, typically glass (the glass is called a “windowpane”). Our position is that the windows, including the boarding, are part of the wall, and that the material covering the openings is irrelevant. The wind is a covered cause of loss, and it damaged the wall by blowing out the window covering. This should trigger coverage for the damage to the insured's interior business personal property. We would like your feedback.

Colorado Subscriber

A

The limitation the adjuster cites says nothing about “windows.” Even if we were to accept the insurer's contention that the boarded-up window is not a “window” it is still part of the building's wall. When the wind loosened the boards covering the opening, the wall suffered damage from a covered peril. Then, rain entered and caused a loss. “Damage” is not defined in the form, so the insured is entitled to the benefit of the doubt.  The loss is covered.

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