During a recent rainstorm, water entered our home through the roof where clay tiles had been broken—either by the electrician who installed an electrical panel or by Edison personnel who went onto the roof to inspect the work. We were unaware of the broken tiles until the rainstorm occurred.
AAA, our homeowners insurer, denied the claim, stating that the water intrusion was not caused by the rainstorm itself, but rather by rain entering through the damaged roof. We are not seeking recovery for the roof damage, only for the resulting interior water damage.
Our question is whether we are simply out of luck under these circumstances, or whether there is a viable argument for coverage.
Specifically, our policy is an “all risks” policy, and we would like to know whether the interior rain damage could be covered as a loss caused by an ensuing peril that would otherwise be covered, even if the roof damage itself is excluded. We have seen references to California cases suggesting that rain damage may be covered under similar circumstances, and we would appreciate United Policyholders’ perspective.
