Windstorm, Power Loss, and Property Damage Claim

April 23, 2012

Our client is a supermarket with property coverage, including an off-premises utility service endorsement for time element and direct damage. The coverage part also includes equipment breakdown coverage.

A recent tropical storm caused damage to the public utility electric company infrastructure, which resulted in power loss to the insured location. In order to prevent or minimize any losses from lack of power to the premises, the client had previously installed an emergency backup generator, which went into operation automatically.

On the fourth day after the emergency generator went into operation, it suddenly broke down. At that time the normal power supply to the location was not yet restored, and the premises was left with no power.

The insured claimed a loss of $70,000 in perishable stock due to lack of electricity. The insurance company is applying the equipment breakdown perishable sublimit of $25,000 to the loss, indicating that the damage was a result of the equipment breakdown. It is our opinion that this loss is covered under the off-premises utility service direct damage endorsement that was triggered by the windstorm, which we consider to be the proximate cause of loss. Please give us your expert opinion.

Puerto Rico Subscriber

We agree that the windstorm caused the loss, not the breakdown of the backup generator. If not for the storm causing the power outage, there would be no loss. If the insured did not have a backup generator at all, there still would have been a covered loss from the power outage.

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