Our insured is a seafood restaurant and wholesaler located in Florida. The owner was ordered to evacuate because of Hurricane Frances . When he returned, he found there was direct wind damage to the condensing unit of the large walk-in cooler. Also, a light pole that was on an easement on the neighboring premises collapsed onto the insured's building's roof, causing damage.

As a result, all the seafood spoiled and the insured sustained a loss of business income. The adjuster told our insured that there was no coverage because of the exclusion for power failure. However, the adjuster also said that he could not establish if the power went out before the actual wind damage to the condensing unit.

Because of the evacuation, the insured was not on the site at the time, so he couldn't provide definite evidence one way or another. But since it is at least possible that the wind was the direct cause of the condenser's failure, we think the insured should get the benefit of the doubt. We should add that the form is not a standard ISO form.