If loss by fire results, we will pay for that resulting loss." Additionally, the insurance company cited the following exclusion: We do not pay for loss: "(1.) by weather conditions if any peril excluded by this policy contributes to the loss in any way."

 A few things I'd like an opinion on:

(1) Does the absence of commas in the exclusion language "by nuclear action or radiation or radioactive contamination, however caused", affect how it should be interpreted? Also, furthered in the exclusion, they defined nuclear action as: nuclear reaction, discharge, radiation, or radioactive contamination… In my estimation, here they're clearly defining radiation as nuclear radiation; which I would interpret to result from nuclear fission.

(2) Could it not be argued that the cause of loss was in fact the reflection of the solar heat from the low-e windows? The rest of the home was unaffected.

(3) If the company is going to cite the nuclear exclusion, why is it then that we will pay for losses where a hot pan damaged another surface?

Kentucky Subscriber

When terms are not defined in a policy courts go to what an ordinary insured would have available, which is a standard desk reference. Merriam Webster online defines nuclear as: of, relating to, producing, or using energy that is created when the nuclei of atoms are split apart or joined together; : having or involving nuclear weapons; used in or produced by a nuclear reaction (as fission) <nuclear fuel> <nuclear waste> <nuclear energy>. Radiation is defined as a type of dangerous and powerful energy that is produced by radioactive substances and nuclear reactions. No one is wearing radioactive protective gear when they venture outside because of nuclear radiation from the sun. While astronomers tell us that the sun generates energy by nuclear fusion of hydrogen into helium in its core, that fusion reaction is not an issue here on earth as a day to day hazard; if so, life as we know it would not exist. Even solar panels are not generating or creating dangerous amounts of radiation. Your peril is reflection of heat caused by solar energy, and the heat warped the siding, shutters, mailbox, etc. The damage should be covered, and since the neighbors have low-e windows that are reflecting the sunlight, the new siding/shutters/mailbox should be resistant to strong sunlight.