Lifting of Shingles Causes Damage
Homeowner 3 special form HO-3 01 13 section 1-perils insured against, 2, h. WE DO NOT INSURE, HOWEVER, FOR LOSS: Rain, snow, sand to the interior of building unless a covered peril first damages the building causing an opening…..
Our insured sustained damage to the interior of his home in several rooms when a rain storm caused water to intrude into the house through the roof and under the shingles.
Insurance Company denied the claim per the above exclusion.
The roof, at the time of the loss was in poor condition due to age. The wind speed at the time of the loss was in excess of 40 mph and we believe that the 40 mph+ wind speed damaged the roof by causing the shingles to lift which created enough of an opening for the rain to enter the house. At the time of inspection, the shingles were flat and there was no evidence of shingle damage to the naked eye. Should this loss be covered?
You have an issue of fact more so than policy interpretation; if the wind lifted the shingles then indeed there is coverage for the contents; if the roof just has leaks, then there would be no coverage due to faulty maintenance/wear and tear. An inspector should be able to determine whether or not the singles would lift in a windstorm.
I pulled this article off of National Underwriter-a service I subscribe to. I believe it is consistent with the knowing that you can find coverage if a “covered” peril first causes damage and water damage seems to always come up when talking about this.