Windstorm caused a tree to fall onto the dwelling resulting in covered damages. The tree also impacted the foundation resulting in covered damage (cracks). During heavy rains, water was able to enter through the cracked foundation and cause damage to the interior of the building. Our policy does not provide coverage for interior water damage f UNLESS there is an opening in a roof or wall created by direct force of wind. QUESTION: Would the limitation coverage for water damage available for the windstorm peril be applicable in this scenario (no direct force of wind damaged the building causing an opening in a roof or wall)? Or would coverage be mandatory for the interior water damage as the efficient proximate cause is a covered peril (windstorm)? Code § 530, "[a]n insurer is liable for a loss of which a peril insured against was the proximate cause, although a peril not contemplated by the contract may have been a remote cause of the loss; but he is not liable for a loss of which the peril insured against was only a remote cause."

California Subscriber

Is the foundation wall part of the basement, or is it completely underground? If it's part of the basement, I can make the argument that the foundation wall is a wall, and that there should be coverage. Courts turn to a dictionary when terms are undefined in a policy. Merriam-Webster defines wall in part as: something resembling a wall (as in appearance, function, or effect) especially : something that acts as a barrier or defense; or one of the sides of a room or building connecting floor and ceiling or foundation and roof; or a material layer enclosing space.