A named peril policy covered a building against direct loss caused by specified perils, including "windstorm or hail," which was subject to exclusion for loss:

"....to the interior of a building or the property contained in a building caused by rain, snow, sleet, sand or dust unless the direct force of wind or hail damages the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening."

Rain and snow entered and flooded the building over several months after a windstorm ripped the shingles off the roof. In the course of legal action following denial of liability under the applicable policy, the insurer contended that an "opening" was not created by the removal of shingles. It also claimed that the interior loss was not covered because it occurred over a long period of time, and the policy covered only direct loss from windstorm. The insurer appealed the trial court's denial of its motion for summary judgment. The court said that pertinent policy terms and language gave rise to issues of fact.

The appeal court agreed, finding that "....the term `opening' is ambiguous and could have more than one interpretation...." It also concluded that the extent of damage directly caused by the described windstorm was a question of fact.

The trial court denial of the insurer's cross motion for summary judgment, dismissing the insured's complaint, was sustained.

Editor's Note: Deja vu! We thought that coverage problems with dislodged shingles and subsequent roof leakage had been reconciled long ago. In any event, the age of a roof and its condition prior to windstorm claim must be taken into account. An old roof has been battered many times by wind and rain. Furthermore, ice and snow buildup and thawing over a period of time contributes to leakage in northern areas.

(MAWARDI, Respondent v. NY PROPERTY INS. UNDERWRITING ASSOCIATION, Appellant. New York Supreme Court, Appellate Division, Second Judicial Department. No. 91-08713. May 11, 1992. CCH 1992 Fire and Casualty Cases, Paragraph 3748.)