Temperature Change Endorsement Allows Coverage for Loss of Inventory
October 10, 2011
Our insured did not suffer direct physical damage from wind or flood as a result of Hurricane Irene, but the insured did suffer loss of inventory due to “complete or partial failure of electric power,” as a result of a wide spread power outage to the area.
The North Carolina Windstorm Exclusion is attached to the policy. The insurer has taken the position that the exclusion precludes any loss due to wind, and that Irene's wind must have been the reason for the loss of power. The endorsement states that it modifies the insured's applicable form.
The insured also carries temperature change endorsement to provide coverage for this loss. The temperature change endorsement was purchased by the insured to provide coverage for loss as a result of perils listed, subject to the temperature change exclusions and conditions.
This insured purchased a separate temperature change endorsement that lists its own exclusions. It should not matter what caused the power outage, as this endorsement specifically covers complete or partial failure of electric power.
North Carolina Subscriber
The temperature change endorsement modifies the forms to allow coverage for the situation you describe. If the two endorsements are read together, it is apparent that coverage is available. The windstorm or hail exclusion states that if windstorm or hail results in a covered cause of loss other than rain, snow, sand, or dust, the insurer will pay for the physical loss or damage caused by the covered cause of loss. Since the temperature change endorsement provides coverage for complete and partial failure of electrical power, that is a covered cause of loss, so the the windstorm or hail exclusion allows for coverage of this loss.
Even if the two endorsements did not cooperate with one another, that could possibly be seen as an ambiguity, in which case the insured should receive the benefit of the doubt. If it can be determined that windstorm or hail was not the cause of the power outage, the temperature change endorsement would provide coverage as well.
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