We represent a restaurant that has coverage under the commercial property form (CP 00 10 04 02) with the special causes of loss form attached (CP 10 30 04 02). The insured contracted with a roofer to remove and replace his roof. While removing the old roof it rained and water infiltrated into the interior causing damage. The roofer did not have insurance.

We should point out that we are in a semi-tropical area, where sudden, violent rainstorms arise without notice or warning, which is what happened here. Additionally, other insurance companies we represent routinely afford coverage in just this situation.

The independent adjuster denied this loss, stating as his reason exclusion B.3.c. (loss caused by faulty, inadequate or defective workmanship or maintenance) and limitation C (loss or damage to the interior of any building or to personal property in the building caused by rain unless the building first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain enters).